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Commissioner of Central Excise Allahabad Versus M/s Hindalco Industries Ltd.

MODVAT credit - Whether Tribunal substantially erred in law in holding that Modvat credit can be allowed in respect of quantity of inputs not actually received and accordingly not used in or in relation to the manufacture of final product? - Held that: - there was no material on record to suggest that any illicit diversion of the Cenvated inputs had been made for uses other than use in the manufacture of the finished goods - The tribunal also recorded that there was no illegal diversion of t .....

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Appellant : Ramesh Chandra Shukla ORDER This is a department's appeal under section 35 G of the Central Excise Act, 1944, against an order of the tribunal dated 23rd March, 2009. The question of law sought to be answered, is hereunder:- "Whether Tribunal substantially erred in law in holding that Modvat credit can be allowed in respect of quantity of inputs not actually received and accordingly not used in or in relation to the manufacture of final product?" We have heard learned c .....

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