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2003 (9) TMI 591

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..... he denial of Modvat credit on - (i) Data Processing machine (ii) PVC Cable which has been denied on the following reasons - The appellants were heard in the matter on 17-12-97 wherein they were represented by Shri. P.R. Joshi, Consultant and others. He submitted that they have been denied Modvat credit on processing machine and cables but these goods are entitled to credit as cap .....

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..... be reopened in appeal. However, as regards penalty, since this was a matter of interpretation, when the scheme of Modvat credit on capital goods was newly introduced, a penalty in such situation is not called for and the same is accordingly set aside. 2. After considering the written communication filed and seeing the appellant it is found :- (a) Credit on PVC cables cannot be denied .....

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..... ave considered the eligibility of the claim under Rule 57Q at the appellate stage in view of the Tribunal in the case of Kirloskar Brothers - 1997 (89) E.L.T. 800. 3. The Commissioner (Appeals) s order impugned therefore is required to be modified. Credit on PVC cables is required to be granted and on Data Processing Machine denied. Appeal partially allowed in above term. - - TaxTMI - TMITax .....

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