TMI Blog1997 (5) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... evnath, learned Advocate submitted that the issue involved in this case is as regards Modvat credit on Refractories and Hot Tops. Whereas Modvat credit of Rs. 3,50,729.08 has been disallowed in respect of refractory material, an amount of Rs. 10,420.20 has been disallowed on the Hot Tops on the ground that the said goods are not inputs and Modvat credit on the same is not available. Shri M.P. Devn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to be eligible inputs for the purposes of Modvat credit. 2. Countering the arguments of the Advocate, Shri D.K. Nayyar, learned JDR reiterated the reasoning of the authorities below and as regards the Hot Tops referred to the decision of the Tribunal in the case of Collector v. R.D. Alloys [1991 (56) E.L.T. 798 (Tribunal)]. In support of his submissions, he also referred to the meaning of Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered the pleas raised by both the sides. I find that the issue of eligibility of Modvat credit in respect of refractories has been decided in the case of M/s. Hindalco Industries Limited reported in 1996 (88) E.L.T. 519 and subsequently followed by Division Bench of Northern Bench. Hindalco Industries case has been decided following the decision of the Larger Bench of the Tribunal in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mould and was used for presenting vacity in the steel ingots. The facts in the Kakkar s case was that Hot Tops are put on the top of the mould before pouring molten metal and the Hot Tops are used as catalyst for the purpose of maintaining temperature at a particular level. This variation in the facts was a reason for the Bench to take a different view in Kakkar Complex Steels (P) Limited case. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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