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2000 (9) TMI 352

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..... This appeal has been filed by Revenue against an order in favour of manufacturer of motor vehicles, who had availed credit of Modvat on the inputs/capital goods. The department proposed to deny credit of Rs. 28,323/- availed on the inputs after 6 months from the date of issue of invoice and Rs. 22,141/- availed on electrical fans used in the painting shop for maintaining the required temperature a .....

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..... beyond six months contended before the Commissioner (Appeals) that amendment to rule 57G will have prospective effect and relied on the case of Ind-Ital Chemicals - 1996 (62) ECR 326 (T) and as regards disallowance of credit on other electrical items, they pleaded that they were parts of 5000 tonnes of Hydraulic side member press installed in the factory used for maintaining purpose which are con .....

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..... nd that Notification No. 28/95 dated 29-6-95 takes effect from 29-6-95 and would apply credits taken thereafter and it cannot be described being retrospective in nature merely for that reason and the observations in the Commissioner (Appeals) order are not correct. 3. We have carefully consider the submissions in the present appeal before us and find that Notification No. 28/95 restricts scope o .....

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