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TMI Blog2005 (11) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... 003, the Commissioner has denied Modvat credit in respect of HDPE pipes and fittings which were used to lay a water pipeline from the pump house located about 4 km to the factory premises. He also denied Modvat credit in respect of steel inputs utilized in the construction of staff building, dispensary, generator shed and also imposed penalty. 2. We have heard both the sides in the matter. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Nagpur v. Manikgarh Cement Ltd. reported in 2005 (190) E.L.T. 7 (S.C.) = 2005 (126) ECR 257 (S.C.) the benefit of Modvat credit is required to be extended. The Apex Court upheld the grant of Modvat credit in respect of rope connecting mines with factory located 4.2 km away to the factory. Also in the case of Finolex Industries Ltd. v. CCE, Pune-II reported in 2003 (156) E.L.T. 96 (T) = 2003 (58) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eported in 2001 (137) E.L.T. 96 (Tri. - Chennai), the tribunal again held that Modvat credit is eligible on capital goods viz., PVC pipes and fittings and HDPE pipes and fittings. The Tribunal again in the case of CCE, Chennai v. Pepsico reported in 2001 (130) E.L.T. 193 (Tri. - Chennai) has treated PVC pipes used outside the factory for the purpose of drawing water from the well situated 200 m fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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