2002 (5) TMI 621

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..... e condition of pre-deposit of duty and penalty I take up the appeal itself with the consent of both the sides. The appellants are engaged in the manufacture of aluminium wires and other products. In the manufacture of aluminium wires they are using aluminium wire rods, short length aluminium wire and aluminium wires on which they are availing the benefit of the Modvat credit. Some consignments of .....

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..... icular batch has been manufactured out of a particular batch of the inputs on which no credit has been availed. The Board s Circular No. F.No. 261/72/16/87-CX-8, dt. 8-8-88 is also to the same effect. I find no justification for the Revenue s objection against utilisation of credit for payment of duty on the aluminium wires manufactured out of length aluminium wires on which no credit was availed .....

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