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2006 (6) TMI 340

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..... pondent. [Order].- The appellant filed this appeal against the Order-in-Appeal passed by the Commissioner (Appeals). The appellants are engaged in the manufacture of Polyester Yarn, Polyester Blended Yarn. Modvat scheme made applicable in respect of the goods manufactured by the appellant w.e.f. 1-3-94. The appellant filed the necessary declaration under Rule 57G of Central Excise Rules fo .....

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..... ed on the ground that the declaration does not contain all the details required or the manufacturer fails to comply with any other requirement under sub-rule-I and this issue has come before the Larger Bench of the Tribunal in the case of Kamakhya Steels (P) Ltd. v. CCE, Meerut reported in 2000 (121) E.L.T. 247 where the issue before the Larger Bench was that assessee can avail credit without fili .....

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..... d, the manufacturer can avail credit in respect of such inputs which are lying in stock or such inputs which are used in the manufacture of final product. The contention is that as the inputs are used in the manufacture of final product, therefore, the credit cannot be denied on the ground that quantity of some inputs does not contain in the final product and credit is not available in respect of .....

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..... ck and on such inputs which are used in the manufacture of final product and which are cleared from the factory on or after 1-3-94. Therefore, I find merit in the contention of the appellant, credit cannot be denied on the ground that inputs are gone in invisible loss during the manufacture of final product. The impugned order in this regard is set aside and appeal is allowed in respect of denial .....

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