TMI Blog2004 (3) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... ri S. Bhatnagar, JDR, for the Respondent. [Order]. During the relevant period (November, 1992 to February, 1993), the appellants were engaged in the manufacture of Plastic Cabinets and Parts of Refrigerator and were availing the benefit of Modvat credit on inputs used in or in relation to the manufacture of final products. In their declaration dated 27-3-92, filed w.e.f. 1-4-92, under Ru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yrene having been actually used in or in relation to manufacture of the final products in respect of which the credit was utilised. In the present appeal, filed against the order of the lower appellate authority, the appellants have contended that, under Rule 57F(3), as the Rule stood at the material time, it was not obligatory for them to establish one-to-one correlation between inputs and final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of credit, under Rule 57F(3) or under any other provision. Counsel submits that the utilisation of the inputs in question is an admitted fact and, further, that the relevant rules did not obligate the appellants to show that the inputs had actually been utilised in or in relation to the final products in respect of which the credit was utilized. According to ld. Counsel, the relevant rules did n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l products, among which many required Polystyrene as input. The credit of duty paid on Polystyrene was utilised for payment of duty on Plastic Parts of Refrigerator. Polystyrene was one of the inputs declared for this final product. It also figured as input for some of the other final products declared by the party. That one-to-one correlation between input and final product was not a requirement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relation to the manufacture of the particular final product in respect of which the credit was utilised. The underlying principle is that one-to-one correlation of input and final product is not a requirement for availment of Modvat credit. I find that the ground raised by the lower authorities for denying the credit to the appellants is not sustainable. The Modvat credit in question is admissibl ..... X X X X Extracts X X X X X X X X Extracts X X X X
|