2001 (5) TMI 667

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..... dvocate, for the Respondent. [Order per : S.L. Peeran, Member (J)]. - This is a Revenue appeal restricted to only one point decided by the Commissioner in favour of the appellants holding that they are entitled to take Modvat credit on the duty paid on inputs while manufacturing the final product articles of plastics which have been classified under Chapter Heading 3926.90 without granting the .....

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..... nch of 5 Members of the Tribunal resolved the issue and held that the assessee is entitled to abatement in terms of Section 4(4)(d)(ii). He also relies on the following judgments on this very point rendered in large number of cases :- (i) CCE Bombay v. Barnee Ltd. and Anr. [2001 (128) E.L.T. 126 (T) = 2001 (43) RLT 552] (ii) Dhananiwala Textile Pvt. Ltd. and Anr. v. CCE, Hyderabad [2001 (130) E. .....

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..... t in terms of CEGAT judgment rendered in Kwality Printers v. CCE [1994 (73) E.L.T. 901]. The Revenue contends that they are entitled to only deduct the tax payable and not cost of raw materials. This aspect of the matter have all been gone into in detail by the Larger Bench in the case of Shri Chakra Tyres and various other judgments cited by the Counsel, the copies of which have been furnished. W .....

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