2006 (2) TMI 70

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..... 39 under different sub-heads & are considered as inputs – duty paid on such inputs are eligible for credit
Rajesh Balia and R.P. Vyas, JJ. [Order per : Rajesh Balia, J.].- Heard learned counsel for the parties. 1. The petitioners have filed revised classification list w.e.f. 1.6.1990 claiming that classification of HDPE/PP tapes fall under Chapter 39 sub-heading No.3923.90 of Central Excise .....

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..... fied under different heads of chapter 63. Further it is the case of the Revenue that since in respect of all the commodities falling under Chapter 63, no Modvat credit is available, the Modvat credit availed by the petitioner in respect of the aforesaid commodities may be recalled. 2. It is pointed out by the learned counsel for the parties that the issue has earlier been considered by the Divisi .....

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..... 91 and 1992 decided on 23rd July, 1993.[2004 (174) E.L.T. 431 (Kar)]. 3. The aforesaid decision held in favour of the assessee that the product in question fall under Chapter 39 and not under Chapter 54 of the Tariff. This Court had reached same conclusion relying on above two decisions. 4. The decision of the Madhya Pradesh High Court has since been affirmed by the Supreme Court, when it dismis .....

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