2003 (12) TMI 211

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..... the appellant does not want to appear for the hearing. 2. Heard learned DR. The stay petition has been made on the ground of undue hardship as also on the ground of prima facie case on merits. The learned DR opposes the stay as well as appeal. I note that since the appeal itself can be decided on merit, the stay application is allowed and the appeal is taken up for decision. 3. On going thro .....

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..... was paid. However, it cannot be said that the inputs which make the said capital goods have been used in the manufacture of finished goods cleared from the factory. The said inputs no longer remain "as such" but are transformed into a new product viz. capital goods. 6. Accordingly, I do not find any merit in the appeal filed by the appellants. Consequently the appeal is dismissed and the orders .....

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