9911796707
TMI Blog2002 (9) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... rder]. - The appellants were engaged in the manufacture of excisable goods falling under T.H. 85.29, 85.40 and 85.04. During the period July to Sept., 1995, they cleared certain inputs (useable for the manufacture of VHF tuners, one of their final products) on payment of duty by way of reversal of credit, to another company, M/s. Daishin Denken India Pvt. Ltd., who were also manufacturers of VHF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partment's proposal was contested by the party. The jurisdictional Asstt. Commissioner, who adjudicated the dispute, confirmed the demand of duty on the ground that their own invoices whereunder the goods had originally been cleared by them to their buyer and returned by the latter were not valid duty-paying documents under Rule 57G(2) for the purpose of Modvat credit. The appeal preferred by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 57F which prohibits availment of Modvat credit on the inputs on the strength of invoices issued under Sub-rule (1) of the Rule. Ld. Consultant further relies on the Board's Circular No. 282/116/96-CX., dated 30-12-96, which clarified that the Modvat credit of the duty paid on inputs cleared by a manufacturer under cover of Rule 52A invoice could be taken by the manufacturer where the goods were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time for availment of Modvat credit on inputs. That provision permitted a manufacturer of final product to take Modvat credit of the duty paid on inputs, on the strength of invoice issued under Rules 52A by the input-manufacturer. In the instant case, the appellants had cleared the inputs originally on payment of duty under Rule 52A invoice as if they were manufacturers of the inputs. Subsequentl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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