9911796707
TMI Blog2007 (10) TMI 268X X X X Extracts X X X X X X X X Extracts X X X X ..... ld - As regards Modvat credit involved in various inputs or interim product, we find that the issue is covered by the decision of the Larger Bench of the Tribunal in the case of M/s. Grasim Industries – held that demand is not sustainable - E/575 & 576/2007 - A/2856-2857/2007-WZB/AHD - Dated:- 25-10-2007 - Ms. Archana Wadhwa, Member (J) and Shri M. Veeraiyan, Member (T) Shri J.M. Sharma, Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- and the credit on the capital goods was Rs. 11,26,844/- (c) The appellant made an application for remission of duty involved, which was rejected by the Commissioner by his order dt. 28-2-2003, which on appeal was set aside by the Tribunal and remanded to the Commissioner de novo consideration after granting opportunity of hearing to the appellant. (d) Commissioner in his order dated 7-3-07 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave been cleared as such. The same principle goes with semi-finished goods, packing materials and capital goods which cannot be treated at part with the finished goods for the purpose of remission of duty." "In view of the foregoing paras, the remission of duty can by allowed only on finished goods destroyed by unavoidable accident or natural cause as per Rule 49 of erstwhile Central Excise Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on in denying the remission of duty in respect of finished product and consequently hold that the demand of Rs. 4,26,383/- on the final product is not to be upheld. As regards Modvat credit involved in various inputs or interim product, we find that the issue is covered by the decision of the Larger Bench of the Tribunal in the case of M/s. Grasim Industries v. CCE, Indore [2007 (208) E.L.T. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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