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2001 (1) TMI 154

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..... avail the exemption Notification No. 46/94-C.E. in respect of Ingot Mould captively consumed by them or they have the option to pay duty on the said Ingot Mould after availing the Modvat credit. 2. After hearing both sides duly represented by Shri B.J. Mookherjee, learned Advocate, for the appellants and Shri A.K. Chattopadhyay, learned J.D.R., for the Revenue, we find that the issue is no more .....

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..... a v. S.A.I.L. referred supra, the Tribunal has taken note of the Bhubaneswar Collectorate Trade Notice No. 39/GL/20/88, dated 17-3-1988, clarifying that Modvat credit is admissible to the assessee who chooses to pay the duty in respect of the goods of being fully exempt from use in the manufacture of the final product. Inasmuch as the issue involved is directly covered in favour of the appellants .....

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