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2002 (1) TMI 463

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..... er]. The appellants manufacture iron and steel products falling under Chapter 72. They availed the Modvat credit amounting to Rs. 8,000/- on the item steel structure as capital goods under Rule 57Q of the Central Excise Rules, 1944. The Assistant Commissioner of Central Excise, Faridabad, vide order dated 31-10-97 denied the Modvat credit to the party and also imposed a penalty of Rs. 1,500/ .....

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..... llants, it is not possible to arrive at the decision whether the Modvat credit would be admissible on the impugned item as capital goods. The reliance placed by the lower authorities in their respective orders on certain case laws, is also, therefore, misplaced. In this view of the matter, the impugned order is set aside and the matter remanded to the original authority to pass a detailed speaking .....

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