2006 (4) TMI 4

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..... e involved in this case is regarding the availment of Modvat credit by the appellant on capital goods without filing declaration and that the said capital goods were used for exempted products. 2. There is a request for postponement of the hearing as the appellants busy in financial year ending activities. 3. Heard the Ld. DR and perused the records, I find from the records that the issue inv .....

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..... espondent availed the Modvat credit on such capital goods on 4.6.98 i.e. after their products were brought into the tax net. It has to be presumed, that the respondent might have installed the said machine after their products were brought into the tax net. The Commissioner (Appeals) has clearly brought out the law involved in this case coming into the findings that "the respondent received the c .....

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