9911796707
TMI Blog2006 (1) TMI 324X X X X Extracts X X X X X X X X Extracts X X X X ..... The relevant facts which arise for consideration in this appeal is that the appellants are manufacturer of transformer and repair old transformer sent to them by the Electricity Board. For the manufacturing transformer the appellants availed the Modvat credit on the DPC wires purchased by them on payment of duty. These wires were converted into coil and these coils are used in the new transfor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring for the appellants subnets that the issue in this case is regarding denial of Modvat credit which could not be demanded from them as they have discharged the duty liability on the coils which were used in the repair of transformer. He submits that even if it is not considered as payment of duty it will amount to reversal of Modvat credit on the copper wire which is purchased by them on paymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e repairing the old transformers sent by the State Electricity Board. The dispute is restricted to the Modvat credit on the DPC consumed for making such coils. I find that the appellant s case is covered by the Supreme Court s judgment in the case of CCE C (Appeals), Ahmedabad v. Narain Polyplast - 2005 (179) E.L.T. 20 (S.C.). wherein the Hon ble Supreme Court has held as follows :- The Depar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fect of credit taken. The ratio of the apex Court s decision in the case of Naryan Polyplast applies in favour of the assessee. I find that in this case the appellants have paid duty on the coils, assuming that even they are not required to do so it would amount to reversal of the duty paid credit of the duty availed on DPC wire purchased by them. This being the situation ratio of the Supreme C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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