TMI Blog2003 (10) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... ile components, which are sold to M/s. Maruti Udyog Ltd., appellant No. 1; that as the (components, manufactured by appellant No. 2, are meant for supply to M/s. Maruti Udyog Ltd., the dyes and fixtures, necessary for the manufacture of these components, are imported by M/s. Maruti Udyog Ltd. from abroad; that in March, 2000, M/s. Maruti Udyog Ltd. imported a consignment of dyes and fixtures and as the same were meant to be supplied to appellant No. 2, M/s. Maruti Udyog Ltd. filed a declaration at the time of assessment of the Bill of Entry itself to the effect that C.V. duty, paid on the imported goods, would be taken as Modvat credit by appellant No. 2 and not by M/s. Maruti Udyog Ltd.; that, accordingly, the registration No., the Range, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nally, mentioned that on the aspect of ownership of capital goods, the Tribunal in the case of German Remedies Ltd. v. CCE, Goa, 2002 (144) E.L.T. 606 (T), which has been followed in the case of M/s. Rasandik Engineering Industries (I) Ltd. v. CCE, Noida, Final Order Nos. 1165-66/2002-NB(D), dated 11-12-2002, held that the ownership of capital goods is not a pre-condition for availing of the Modvat credit. 3. Countering the arguments, Sh. D.N. Choudhary, learned S.D.R., submitted that the Board's Circular dated 29-2-1996, is not applicable to the facts of the present matters inasmuch as the goods were not diverted by the importer M/s. Maruti Udyog Ltd. to M/s. Agro Engg. Works and were rather brought to the factory of Maruti Udyog Ltd. an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t been disputed by the Revenue that the goods remained in packed condition at the premises of M/s. Maruti Udyog Ltd., and they had also not taken Modvat credit in their books of accounts. It has also not been disputed by the Revenue that dyes and fixtures have been used by appellant No. 2 in the manufacture of dutiable finished goods and their value has been included in the entire cost of the finished products. In view of these facts, the only point remains to be decided is whether the movement of goods to the factory premises of appellant No. 2, through the factory premises of appellant No. 1, will make them ineligible for the Modvat credit. The Appellate Tribunal has held in the case of Mark Auto Industries Ltd. (supra) that the Modvat cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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