2002 (12) TMI 424

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..... per : Gowri Shankar, Member (T)]. After hearing the party on the stay application, we have decided to take up the appeal itself after waiving deposit. 2. The appellant is engaged in the manufacture of pharmaceutical products, some of which it clears for home consumption, the rest being exported. It availed of the benefit of the exemption contained in Notification 16/97. It also availed of .....

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..... contention and held that the refund has been wrongly sanctioned and set aside the order of the Deputy Commissioner. Hence this appeal by the assessee. 4. Paragraph 2 of the Notification 16/97 contains the conditions subject to which the exemption from duty contained in it will be available. Clause (iii) of this paragraph contains the following conditions : (iii) The manufacturer does not avai .....

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..... anufacturer should not have availed of the Modvat credit in respect of inputs used in the manufacture of specified goods cleared for home consumption. This condition does not prohibit a manufacturer availing Modvat credit of the duty paid on inputs used in the manufacture of exported product. There is nothing else contained in the notification. The conclusion in the Commissioner (Appeals) that .....

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