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2002 (11) TMI 783

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..... ts have exported medicines and claimed modvat credit on the inputs used in the manufacture of such medicines. The exports were made under bond. Subsequently, the Dy. Commissioner has dis-allowed the modvat credit on the ground that goods in question are not patent or proprietary medicines but generic medicaments and hence not dutiable making the inputs ineligible for modvat credit under Rule 57C o .....

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..... . 1392 (Tri.-Mumbai) 4. C.C.E. Chennai Vs. Indian Organic Chemicals Ltd. - 2001 (43) RLT 594=2001 (138) E.L.T. 209 (Tri.-Chennai) 2. In particular he refers to para 3 and 6.2 of the first case law and para 5 of the second case law and states that export goods are not exempted but collection of duty thereon is waived. He also states that goods exported under bond cannot be treated either as e .....

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..... ion. 5. Not only exports are allowed to be made without payment of duty under bond or under claim of rebate of duty paid but there are schemes to either allow rebate or draw back of duty on inputs used in the export product or allow manufacture in bond without payment of duty on inputs. The interpretation placed by the lower authorities on Rule 57C, 57CC and Rule 57F resulting in denial of cred .....

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