TMI Blog2000 (10) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... yoti Balasundaram, Member (J)]. The dispute in this case relates to the quantum of Modvat credit available on goods purchased from a 100% Export Oriented Unit (100% EOU). 2. The brief facts of the case are that the appellants are engaged in the manufacture of organic chemicals. Certain inputs for the manufacture of the appellants final products viz. Phthalic Anhydride and Hydrate was manu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em + customs duty + auxiliary duty, while the Department was of the view that credit would be restricted to 15% i.e. basic excise duty on the assessable value. Vide Order-in-Original No. 45/98 and 46/98, the Commissioner of Central Excise held that credit available to the appellants was restricted to 15% of the value and hence confirmed duty demands of Rs. 8,43,252/- and Rs. 2,54,938/- upon the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional duty of customs or any other customs duty does not arise. The Tribunal has held that the method to determine the quantum of Modvat credit available to a manufacturer in respect of goods procured from 100% EOU is to first ascertain the additional duty of customs leviable on like goods, if imported into India from outside India; ascertain the actual amount of duty paid by the 100% EOU on g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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