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TMI Blog2002 (9) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... acture of excisable goods falling under T.H. 85.29, 85.40 and 85.04. During the period July to Sept., 1995, they cleared certain inputs (useable for the manufacture of VHF tuners, one of their final products) on payment of duty by way of reversal of credit, to another company, M/s. Daishin Denken India Pvt. Ltd., who were also manufacturers of VHF tuners. Such clearance of the goods was under cove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The jurisdictional Asstt. Commissioner, who adjudicated the dispute, confirmed the demand of duty on the ground that their own invoices whereunder the goods had originally been cleared by them to their buyer and returned by the latter were not valid duty-paying documents under Rule 57G(2) for the purpose of Modvat credit. The appeal preferred by the assessee against the decision of the original au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the inputs on the strength of invoices issued under Sub-rule (1) of the Rule. Ld. Consultant further relies on the Board's Circular No. 282/116/96-CX., dated 30-12-96, which clarified that the Modvat credit of the duty paid on inputs cleared by a manufacturer under cover of Rule 52A invoice could be taken by the manufacturer where the goods were returned by their buyer under cover of the same inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on permitted a manufacturer of final product to take Modvat credit of the duty paid on inputs, on the strength of invoice issued under Rules 52A by the input-manufacturer. In the instant case, the appellants had cleared the inputs originally on payment of duty under Rule 52A invoice as if they were manufacturers of the inputs. Subsequently, they took Modvat credit of duty on those goods in their c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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