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TMI Blog2002 (9) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... kage, the appellants were supplying cameras with one free Kodak Film roll and the cost of the same built in the said price of Rs. 995/-. There was no problem in regard to the availment of the Modvat credit, in respect of the free film roll supplied along with the camera until in or about September, 1999. The appellants in or about October, 1999 commenced giving two additional rolls. The declared MRP of Rs 995/- remained unchanged. They received a Show Cause-Cum- Demand Notice dated 30-12-1999 in terms of which they were called upon to Show cause as to why a sum of Rs. 17,40,780/- should not be called upon to be paid and/or reversed on the ground that it represented that Modvat credit availed in respect of the additional 2 Kodak Film rol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accessories/gifts which was given free along with their final products viz., Camera. They are not reversing the proportionate credit on the additional film rolls. Their contention in the cross objection that the cost of two film rolls are included in the assessable value and the Chartered Accountants certificate shows the cost of film rolls has been included in the assessable value by absorbing the profit margin. However the valuation aspect does not come into play in this case here because the matter is related to availment of Modvat. The Respondent has therefore, wrongly taken the credit on 2 additional rolls of films. In view of the above, I, therefore set aside the lower authority s order and the appeal filed by the Department is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specified items by bringing them in the ambit of inputs, such as goods manufactured for captive consumption, paints, goods used for generation of electricity, accessories, packing materials, by listing them in an unambiguous manner. This rule, starts with a non-obstante clause and therefore, if any, of the inputs as specified under Rule 57-B are brought and used, then such inputs and credit thereon would be available without recourse to the provisions of Rule 57A, since the notifications issued under Rule 57-A also form part of this Rule. The clarifying provisions did not, in this rule prevail over Rule 57A, but also over notifications issued thereunder. Therefore, it would be incorrect to deny credit on an input listed and covered under Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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