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TMI Blog2007 (7) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... tory for the intended purpose. It is to be noted that if the moulds were received by the buyers and physically retuned to the appellant, the credit was available - appeal allowed. - E/1969/2003 - A/1954/2007-WZB/AHD - Dated:- 25-7-2007 - S/Shri T. Anjaneyulu, M. Veeraiyan, JJ. REPRESENTED BY : Shri B.L. Narasimhan, Advocate, for the Appellant. Shri M.M. Mathkar, DR, for the Respondent. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such components were cleared on payment of duty also utilizing the credit taken on these moulds. (c) The Commissioner held that though the moulds have not been physically delivered to the owner of the moulds and there is a deemed removal to the buyers and since the appellant is owner, they cannot avail the credit. 4. The learned Advocate for the appellant relies on the various decisions of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant consequent to issue of commercial invoice, and it was proper to deem that the moulds have been received back in the appellant s factory for the intended purpose. It is to be noted that if the moulds were received by the buyers and physically retuned to the appellant, the credit was available The decisions relied upon by the learned Advocate also support their case. 7. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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