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2013 (9) TMI 383 - AT - Central ExciseBenefit of Notification No.56/2002 - Assesses were manufacturer of wires and cables and receive their inputs - The supplier of input was located in the State of J & K and was availing the benefit of Notification No. 56/2002 - The duty paid by the input supplier was being availed as Modvat credit by the assesses - duty actually stands paid and the dispute revolves around the legal interpretation of area based exemption notification - Whether assesse was entitled to self-credit or was required to pay duty in cash out of their PLA - Held that:- There was no merit in the prayer of the Revenue as the issue already stands decided by precedent decisions and the outcome of the dispute between assesse and Revenue would not have any effect on the present appellants and the consequence of the same would be relevant only for the purposes of deciding the liability of assesse. COLLECTOR OF CENTRAL EXCISE Versus H.M.M. LIMITED [1995 (1) TMI 70 - SUPREME COURT OF INDIA] and ARSH CASTINGS PVT. LTD. Versus COLLECTOR OF CENTRAL EXCISE, CHANDIGARH [1995 (9) TMI 156 - CEGAT, NEW DELHI] - the fact of the input supplier having taken the Modvat credit fraudulently and having utilized the same for payment of duty on their final product, will not affect the input receiver’s entitlement to the Modvat credit - The remedy lies at the input supplier’s end and not at input receiver’s end. Stay Application - There was merit in the appellants’ plea and the condition of pre-deposit of duty and penalty in both the stay petitions was waived. Difference of Opinion – Member (Technical) was not in consonance of the view of the Member (Judicial) and delivered a separate judgement against the assesse – But the majority view was into the favor of assesse – thus the stay granted unconditionally.
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