2003 (2) TMI 381

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..... r]. - This is an appeal filed by Revenue. 2. The issue relates to Modvat credit. It was the contention of the Revenue that Modvat credit is not admissible since the process taken by the party on repair of the machinery does not amount to manufacture. It was submitted by the Respondent that since the value of manufactured item has already suffered the duty, there is no justification in deny .....

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..... ated 1-3-97. They have also produced a copy of invoice of the suppliers wherein the supplier has clearly indicated that for payment of excise duty at 13% they have included the material cost of Rs. 4 lakhs and the repair and reconditioning charges of Rs. 1,35,800/-. The supplier has paid the duty @13% on the total value of Rs. 5,35,800/-. The Modvat credit cannot be denied merely because the duty .....

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