2006 (11) TMI 63

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..... consideration are that the respondent availed Modvat credit on the various capital goods received by the respondent during the setting up of their factory for manufacture of panels and picture tubes. The revenue disputed the availment of the credit and issued a show cause notice for the denial of the Modvat credit on such capital goods. Adjudicating authority denied Modvat credit and also imposed penalty. On an appeal the learned Commissioner (Appeals) allowed the appeal after considering the detailed chart that indicated the usage of the capital goods by the respondent in their factory. The revenue is in appeal only against a small portion of credit on the Tor steel, cement and bars and angles. 3.Learned SDR submits that the bulk of cr .....

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..... apital goods, which used in or in relation to the manufacture of the final products. It is also seen that the revenue is not able to show from records that the disputed inputs were utilized for construction of sheds or office building etc. In the absence of any contrary evidence, findings of the learned Commissioner (Appeals) are to be upheld. It is also seen from records that the detailed chart indicating the usage of the disputed inputs was produced before the lower authorities and was accepted. 6.On the perusal of the case law relied upon by the learned SDR it is noticed that in that case the Tribunal has at the time of hearing of stay application held that steel and cement cannot be held as inputs. As against that, the tribunal's late .....

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..... to the facts of their case. We are not in a position to countenance the plea taken by the learned JDR appearing on behalf of the Revenue. Respectfully, following the ratio of the said decision cited supra on the discussion, we are of the considered opinion that the credit would he admissible on Rebar coils, CTD bars, TOR steel, joist and cement. We therefore, allow the appeal filed by the appellant-assessee." 7.It can be noticed that Modvat credit on cement and tor steel used for construction of silos for storing raw material, was allowed. It was submitted by the learned advocate that decision in the India cements case is not challenged by the revenue. If that be so, in the present case before me the tor steel and cement were used by t .....

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