9911796707
TMI Blog2007 (3) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal allowed the appeal with consequential relief - Appeal No. E/727/06 - Final Order No. A/458/2007/C-IV/(SMB), - Dated:- 6-3-2007 - [Order per] - The issue involved in the present appeal is as to whether the appellant, who is processors of fabrics on job work basis is entitled to the benefit of deemed Modvat credit in terms of Notification No. 29/96-CE (NT). The said notification allows the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The denial of deemed credit in terms of the above notification is on the basis of Explanation II to Clause (7) of the notification, which is to the effect that the provisions of this notification shall not apply where processed fabrics is itself used as an input for further processing. The Revenue's contention is that the appellant clears the semi-processed fabrics from their factory to se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision and observed that the explanation II to Serial No. 7 of the notification cannot be interpreted to the detriment of an assessee, who initially received grey fabrics and admittedly clears processed fabrics from his factory on the mere ground that in between the goods have been sent to another job worker for undertaking one of the intermediate processors. Accordingly, I set aside the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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