2004 (9) TMI 464

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..... . Tata, SDR, for the Respondent. [Order per : V.K. Agrawal, Member (T)]. This is an application by M/s. Haldia Petrochemicals Ltd., for waiver of pre-deposit of Central Excise duty amounting to Rs. 29,18,30,118/- and equivalent amount of penalty. 2. Shri L.P. Asthana, learned Advocate, submitted that the applicants had set up a petrochemical complex; that with a view to maintain un-int .....

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..... t of the inputs and as such duty is payable by them. The learned Advocate submitted that as per Rule 2(f) of Cenvat Credit Rules, 2001 input means all goods used in or in relation to the manufacture of final products or goods used as fuel for generation of electricity or stream used for the manufacture of final products; that in the present matter, naphtha, either as such or after being partiall .....

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..... 639 (T), wherein it has been held that loss of identity of inputs after being processed by job worker cannot be the ground to deny the credit to principal contractor who takes it only after receipt of inputs from his job worker. 3. Opposing the prayer, Sh. S.M. Tata, learned S.D.R., reiterated the findings as contained in the impugned order and emhpasised that the power plant is under the owners .....

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