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2004 (4) TMI 471

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..... appellants are engaged in the manufacture of 3 wheelers prior to July 1999. They were manufacturing a particular model of 3 wheeler called GARUDA . The said model, they stopped the manufacturing of the said model and switched over to the new Model Piaggio. At that point of time, the appellants were having stock of inputs, which was meant for exclusive use in the model GARUDA. The total Modvat cr .....

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..... hat the credit cannot be used for payment of duty on their final product GARUDA three-wheeler inasmuch as they have stopped the manufacture of the same. The appellants claim is that they are also clearing the various inputs, as such as a part of their commitment towards after sale service. As and when they clear the parts as such, they pay the duty by debiting the Modvat credit account equiva .....

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..... above contention of the learned Advocate appearing for the appellants. The inputs are still lying in their factory premises along with credit in their Modvat account. As per the provision of Modvat rules, input on which the appellant had taken credit can be cleared as such, by reversing the Modvat credit availed on the same. As such, the appellants are liable to reverse the credit as and when the .....

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