2002 (5) TMI 69

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..... ipes. It claimed Modvat credit in respect of various items including grinding wheels. The Assessee's claim was rejected by the Deputy Commissioner. However, on appeal, the claim was allowed. The Revenue challenged the order before the Tribunal. The appeal was dismissed. The Revenue has now filed this petition under Section 35H(1) of the Central Excise Act, 1944, with the prayer that the Tribunal b .....

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..... wo products are treated as inputs, the assessee is entitled to Modvat credit under Rule 57A. However, if these are excluded from inputs by virtue of the Explanation and are included in the category of machines etc., then the Modvat credit shall be admissible under Rule 57Q. In the ultimate analysis, the credit is admissible. Resultantly, it appears that the view taken by the Tribunal was a possibl .....

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