9911796707
TMI Blog2001 (11) TMI 873X X X X Extracts X X X X X X X X Extracts X X X X ..... erms of the Order Nos. 342/1/88-TRU, dated 1-6-1990 and 12-7-1990. The orders contained a clause that where any inputs were clearly recognisable as being non-duty paid or had availed exemption from duty or were chargeable to nil rate of duty such credit could not be taken. On a study of the invoices under which the deemed credit was taken it was found that certain invoices were issued by M/s. Deep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d satisfaction of the conditions of the given case. 4. The issue as to the eligibility to the deemed Modvat credit was finally settled by the Larger Bench judgment of the Tribunal in the case of Machine Builders, 1996 (83) E.L.T. 576. In paragraph 23 of the said judgment it was held that where the exemption notification was unconditional then the non-duty paid nature of the goods stands proved b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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