2007 (5) TMI 13

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..... 002-NB(S). 2. The Assessee uses Nitrogen and liquid argon as inputs in its manufacturing process. It appears that because of the nature of the gas, some of it evaporates in the atmosphere. A show cause notice was issued to the Assessee as to why Modvat credit should not be disallowed in respect of the gas which gets in the atmosphere. The Assessee gave its reply and the Assistant Commissioner adj .....

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..... that part of the inputs is contained in any waste, refuse, or by-product arising during the manufacture of the final product, or that the inputs have become waste during the course of manufacture of the final product, whether or not such waste or refuse or by-product is exempt from the whole of the duty of excise leviable thereon or chargeable to nil rate of duty or is not specified as a final pro .....

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