TMI Blog1998 (6) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... Modvat credit are involved in this appeal. These are dealt with seriatem below :- 1.1 Lower authorities have denied Modvat credit of duty paid on inputs to the extent of duty paid on `packing and forwarding charges in relation to the inputs brought in by the appellants in their factory. Reason for disallowing Modvat credit to the above extent is that the `packing and forwarding charges have b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of duty paid on inputs received by a Modvat assessee for utilisation thereof in manufacture of finished/final excisable goods. Authorities below have no power to disallow part of duty paid on inputs as Modvat credit on the ground that such duty was not payable or was not a normal feature of the inputs. Further, it would mean that the Central Excise authorities having jurisdiction over the manufa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been disallowed on the ground that its brand name/commercial name `Unikleen II has not been declared under Rule 57G. After having heard both sides, I observe that the `chemical name and the tariff heading, as declared under Rule 57G, has not been disputed by the Revenue; so long as the tariff heading and the generic chemical name has been declared, no objection can be taken to such a declarati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would fall under clause (b) of the Explanation. Thus, spares or components of D.G. sets would be covered by clause (b) of the Explanation to Rule 57Q(1) as it then existed. Further, the benefit of Modvat credit cannot be denied because the declaration has been filed well within a period of one month of the receipt of the capital goods and the credit has been taken only after filing the declaratio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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