TMI Blog2000 (6) TMI 94X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities below as differential duty in respect of block board during the period 1-5-92 to 21-3-93. The classification of the block board has been finally settled by the Hon'ble Supreme Court in the case of CCE, Shg. v. Woodcraft Products - 1995 (77) E.L.T. 23 (S.C.). The said amount of duty has already been realised by the Revenue by encashing the bank guarantee given by the appellants in term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod relevant for the purposes of this appeal. 3. We further find that though the question of availability of Modvat credit in respect of duty paid on the inputs used for the manufacture of block boards and the assessable value being cum-duty price have not been agitated before us, but the benefit of the same is liable to be extended to the appellants. In the case of National Plywood Industries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (80) E.L.T. 368 (T), the Tribunal had observed that the Modvat credit where otherwise due ought to be allowed even if prescribed procedure could not be followed. In the case of Dalmis Indus. Ltd. v. CCE, New Delhi - 1996 (84) E.L.T. 60 (T), the Modvat credit was not initially availed as finished products were considered to be exempted from duty. Subsequently, they were held to be liable to duty. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T 890 (S.C.), and had referred to the Tribunal's decision in the case of Express Rubber Products v. CCE - 1998 (101) E.L.T. 495 (Tribunal) = 1998 (24) RLT 482 (T)." 4. Thus in view of the foregoing we hold that the appellants are entitled to the benefit of the Modvat credit and the deduction of the duty from the prices charged by the appellants. The demand of duty is accordingly to be re-quantif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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