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2004 (2) TMI 551

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..... er per : Justice K.K. Usha, President]. This is an appeal at the instance of the assessee. The issue raised in this appeal is whether during the period 23-7-1996 to 31-8-1996 the appellant is eligible for Modvat credit of the duty paid on capital goods, grinding wheels which they had used in the manufacture of their finished goods, namely, engine valves. 2. The Commissioner (Appeals) took .....

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..... the authorities allowed the appellant to avail the credit of the duty thereon. In the Union Budget of 1996-97grinding mills were taken out of the definition of capital goods under Notification No. 14/96-C.E. (N.T.), dated 23-7-1996. It was thereafter restored under Notification No. 25/96, dated 31-8-1996 which came into force from 1-9-1996. 4. In the light of the above, we find no merit in this .....

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