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2008 (6) TMI 133

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..... redit taken on strength of the invoice covering purchase of inputs, cannot be subsequently reduced on the above ground – appeal of assessee is allowed - E/116/2008 - 545/2008 - Dated:- 3-6-2008 - S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) Shri M. Kanan, Advocate, for the Appellant. Shri M.K.A.K. Mohiddin, JDR, for the Respondent. [Order per P.G. Chacko, Member ( .....

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..... ppellants represented by the learned Counsel, it is settled law that a manufacturer of final products is entitled to Modvat/Cenvat credit of the duty paid on inputs by the manufacturer/dealer of inputs as evidenced by the relevant statutory invoices. In support of this plea, the learned Counsel has relied on the following decisions (i) Creative Poly Ltd. v. Commissioner of Central Excise, Kolk .....

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..... . 369 (Tri.-Mumbai) = 2007 (6) S.T.R. 275 (Tri.-Mumbai)]. 3. We have heard the learned JDR also, who reiterates the findings of the Commissioner and also refers to a circular of the Board pertaining to valuation of excisable goods under the amended provisions of law. He also refers to a judgment of the Hon'ble Supreme Court in the case of Maruti Udyog Ltd. [2002 (141) E.L.T. 3 (S.C.)] wherein .....

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