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2017 (2) TMI 475 - HC - Central ExciseMODVAT credit - Whether Tribunal substantially erred in law in holding that Modvat credit can be allowed in respect of quantity of inputs not actually received and accordingly not used in or in relation to the manufacture of final product? Held that: - there was no material on record to suggest that any illicit diversion of the Cenvated inputs had been made for uses other than use in the manufacture of the finished goods - The tribunal also recorded that there was no illegal diversion of the items received and a mere minor loss in transit or a difference in the weight due to differences in weighing scale or in dip reading, would not lead to the conclusion that there was any illegal diversion or that the assessee was claiming Cenvat credit on any item on which it sought the credit - credit allowed - appeal dismissed - decided in favor of assessee.
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