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TMI Blog2003 (2) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... R JUDGEMENT Per Shri V.K. Agrawal, Member (T)- The issue involved in this appeal, filed by M/s. Rico Auto Industries Ltd., is whether the Modvat Credit of the duty paid on goods is available to them. 2. Shri B.L. Narasimhan, learned Advocate, submitted that the appellants manufacture various parts and accessories of motor vehicles like break drums, break disc front, cylinder cover, end cover, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of manufacture the machining operation undertaken by them attracts excise liability and consequently Modvat Credit of the duty paid on the inputs cannot be denied to them. he relied upon the decision in the case of Bharat Enterprises v. CCE, Delhi, 2002 (139) ELT 321 (Tribunal). He also mentioned that none of the items in the semifinished condition in which they were received are marketable or s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther provides that the Credit of the specified duty allowed in respect of any input may be utilized by the manufacturer of the final products towards payment of duty of excise on the inputs themselves, if such inputs are removed as such under Sub-rule (13); that thus the export of the inputs by the appellants would be governed by Rule 57F(2) and the Credit taken on the inputs exported as such can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertaken by the appellants amounts to manufacture or not in terms of Note 6 to Section XVI / XVII we are of the view that the Modvat Credit cannot be disallowed to the appellants in terms of provisions of Rule 57F of the Central Excise Rules. Sub-rule (2) of Rule 57F of the Central Excise Rules provides that the inputs may be removed for home consumption or for export under bond. It has not been di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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