2007 (5) TMI 13

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..... der dated 4th December, 2003 passed by the Customs, Excise and Service Tax Appellate Tribunal in Appeal No. E/2818/2002-NB(S). 2. The Assessee uses Nitrogen and liquid argon as inputs in its manufacturing process. It appears that because of the nature of the gas, some of it evaporates in the atmosphere. A show cause notice was issued to the Assessee as to why Modvat credit should not be disall .....

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..... be denied or varied in certain Circumstances :- 1. Credit of specified duty shall not be denied or varied on the ground that part of the inputs is contained in any waste, refuse, or by-product arising during the manufacture of the final product, or that the inputs have become waste during the course of manufacture of the final product, whether or not such waste or refuse or by-product is exemp .....

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