2007 (3) TMI 580

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..... ts are engaged in the manufacture of C.I. Castings falling under Chapter 73 and availing benefit of Modvat credit. During the period 1-4-2004 to 23-11-2004, appellant availed Modvat credit in respect of Pig Iron, on the basis of the Central excise invoices showing the payment of duty by the manufacturer of Pig Iron. It is the Revenue s case that the manufacturers of Pig Iron should have paid lesse .....

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..... assessee is entitled to take the benefit of the Modvat credit of duty Paid and not duty payable . Inasmuch as, the appellant had taken the credit of duty paid by the input manufacturer he cannot be denied the credit of the same. As such, I set aside the impugned order and allow the appeal with consequential relief to the appellants. 3. However, an amount of Rs. 509/- (Rupees five hundred nin .....

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