9911796707
TMI Blog2004 (7) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... In this appeal, which has been filed by the Revenue against the impugned Order-in-Appeal dated 25-9-2003 passed by the Commissioner (Appeals), the issue relates to the denial of the benefit of Notification No. 5/98-C.E., dated 2-6-98, as amended, providing concessional duty for Dyed Textured Yarn produced out of duty paid Textured Yarn, on which no credit was availed under Rule 57A or 57B o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nthetic Filament Textured Yarn. They availed Modvat credit on the duty paid on the raw material i.e. Filament Yarn and cleared the Synthetic Filament Textured Yarn on payment of duty. They are also engaged in the manufacture of Dyed Textured Yarn. But admittedly, they did not take any credit on the duty-paid Textured Yarn used as inputs in the manufacture of the same. Therefore, for having not ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been received and used in the factory of production on or after the first date of March, 1997. Therefore, the respondents having not availed the Modvat credit used in the manufacture of Dyed Textured Yarn, could pay the duty at the concessional rate from the Modvat Account taken by them on the Filament Yarn utilized by them in the manufacture of Synthetic Filament Textured Yarn. 6. In the li ..... X X X X Extracts X X X X X X X X Extracts X X X X
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