2004 (12) TMI 219

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..... of Modvat credit to the respondents on the capital goods manufactured from the duty paid inputs and thereafter used in the manufacture of the final product. The learned Commissioner (Appeals) has allowed the credit by referring to the provisions of Rule 57D of the Rules, through impugned order. 2. The Revenue has sought to deny the credit on the ground that the inputs had been utilised in .....

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..... oner (Appeals) has rightly followed the same. The capital goods had been utilised by the respondents in the manufacture of final products which are dutiable. Therefore, credit on the inputs captively used by the respondents in the manufacture of capital goods, is available to them as those capital goods had been utilised by them in the manufacture of dutiable goods. We do not find any illegality i .....

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