2009 (2) TMI 476

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..... sputedly an inputs in the hands of the processor - . Merely because a dealer has been introduced in between the manufacturer of inputs and the manufacturer of finished goods, the nature of these products as input cannot undergo a change - credit not merely for stock with the traders but also in respect of stock lying with the processors - Appeals is dismissed - 1266 of 2008, 1267, 1921, 1923 and .....

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..... tional credit to the dealer without filing the declaration of stock as on 1-4-2003 under Rule 9(A) of the CENVAT Credit Rules, 2002 when there was a mandatory condition for availing of transitional credit." 2. Question raised whether the Tribunal is justified in holding that the grey fabrics i.e. unprocessed stock of fabrics held by a dealer is 'input' in terms of Notification No. 35/2003- .....

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..... the nature of these products as input cannot undergo a change. Notification No. 35/03 has already envisaged credit not merely for stock with the traders but also in respect of stock lying with the processors. 3. That being the factual and legal situation, we see no reason to take a different view than that of the Tribunal. We, therefore, see no merits in the appeals and the same deserve t .....

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