TMI Blog2017 (5) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... N/N. 15/1994-CE, dt.1.3.94 - Held that: - The very same issue has been considered by Hon'ble Allahabad High Court in Hello Mineral Water (P) Ltd [2004 (7) TMI 98 - ALLAHABAD HIGH COURT], where it was held that petitioner is thus entitled to the benefit of the said Notification No.15/1994-CE, dated 1-3-2004 and reversal of Modvat credit on the inputs namely PVC granules used in the manufacture of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quired to be filed. Along with the said two technical appeals, condonation applications are also filed. The learned Advocate for the Respondents has no objection in condoning the delay. In the result, the delay in filing the technical appeals is condoned and another miscellaneous application requesting to link all these appeals is also disposed of. 2. Now, we take up the appeals itself for disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the contention of the learned Authorized Representative for the Revenue that there is no dispute of the fact that the Respondent-Assessee has availed MODVAT Credit on the plastic granules used in the manufacture of HDPE coated fabrics as well as LDPE bags; hence the condition of the exemption Notification No.15/1994 was not fulfilled even though proportionate credit attributable to the exempte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dyecot Ltd - 2008 (232) ELT 580 (Guj.). 6. The undisputed fact is that the Appellant had reversed the proportionate CENVAT Credit on the inputs attributable to the products cleared from the factory, claiming benefit of exemption Notification No.15/1994-CE, dt.1.3.94. The very same issue has been considered by Hon'ble Allahabad High Court in Hello Mineral Water (P) Ltd case (supra) and it ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
