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Commissioner of Central Excise Versus Atlas Automotive Components Pvt. Ltd.

Denial of CENVAT credit/MODVAT credit - final product exempt - Held that: - the provisions of Modvat were embodied in the Rule 57 A of the Central Excise Rules, which provided for allowing modvat credit on the inputs used in the final products charged to duty. In this case I find that undisputedly the duty has been paid on the final products manufactured by the appellants; though the products have subsequently been held as exempted. Further I find that even if the product was classified as exemp .....

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16 - Mr. M.V. Ravindran, Member (Judicial) Shri H.M. Dixit, Asst. Commr (AR) for appellant Shri Rajesh Ostwal, Advocate for respondent ORDER Per M. V. Ravindran This appeal filed by Revenue is directed against order-in-appeal No. PI/320/05 dated 31.08.2005. 2. Heard both sides and perused the records. 3. On perusal of the records it transpires that the issue is regarding the denial of CENVAT Credit on the inputs which were utilised for manufacturing of finished goods which were cleared on paymen .....

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be denied to him. Coming to such conclusion the first appellate authority permitted the respondent assessee to avail Modvat credit. The order of first appellate authority dated 31.05.1994 was not contested by Revenue and the Respondent after such order took the Modvat credit. That was contested by the Revenue directing the respondent assessee to reverse the Modvat credit so availed which has been not accepted by the first appellate authority in the impugned order. 4. On perusal of the grounds of .....

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de by the appellants during Personal hearing. I find that the appellant had claimed the classification of the casting- manufactured by them under heading 'no. 7616.90 .attracting Nil rate of Central Excise duty, however, the department initially .did not accept the same. In the process of litigation the Hon ble High .Court modified the Commissioner (Appeals) order dated 26.4.93 directing the appellants to furnish a Bank Guarantee of ₹ 50,00,006/- and to deposit balance amount of ₹ .....

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94 per the Hon ble High Court's Order. In this case I find that the goods were held dutiable vide Order-In-Original No. CEX/39/91-92/Dn.VI dated 29.2.92, classifying the final products under respective chapters 84 to 87 & 90 of CETA 1985 depending on their use. Further vide Order-in-Appeal No. PI/205/94 dated 31.5.94 products going beyond proof machining stage were held dutiable and classifiable under the respective chapters, and accordingly with regard to modvat credit the Commissioner .....

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