excise duty and they are specified
goods for the purposes of the MODVAT scheme. The assessable
value of the intermediate product for the purposes ... seller and for which the
manufacturer is entitled to credit under the MODVAT scheme,
to be utilised against the payment of excise duty on
products
assessees are manufacturing units liable to excise duty Under the Modvat scheme, they get credit for the excise duty already paid on the raw-materials ... they manufacture the goods and sell them, the proportionate part of the modvat credit is set off against their excise duty liability. In each
vehicles. The assessee had also been taking
3
benefit of MODVAT credit on the raw material and
inputs used in the manufacturing ... amount of
Rs.69,93,00,428/ was left as unutilised MODVAT
credit. In the return it was claimed that the
Company was eligible
consideration are as to the entitlement of
the Respondents/ assessees to Modvat/ Cenvat Credit for the use of
inputs in the manufacture of final products ... issue is as to whether the Assessees (respondents) are entitled to
Modvat/ Cenvat Credit on inputs used in the manufacture of the
aforementioned exempted
Rules, 1944. According to the assessee,
there was no difference between the Modvat scheme and the
Cenvat scheme as far as the substantive definition ... Cenvat scheme
was more broad-based as compared to the earlier Modvat
scheme.
The assessees are engaged in the manufacture of cement
and clinker falling
hereinafter
referred to as the Rules), on 10.3.1987 for adoption of
MODVAT Credit in respect of certain inputs used by them in
the manufacture ... relating to furnace oil and filter cloth, not
covered under the MODVAT Scheme, the balance of
Rs.41,872.68, in respect of other outputs
petitioner in its accounts regarding its Central excise duty and the Modvat scheme had resulted in short levy of tax. The audit, according ... towards excise duty paid for the year ended March 31, 1989, including Modvat adjustment of Rs. 157.83 lakhs but the corresponding credit was not taken
both dutiable and exempted final products by
utilizing duty paid common inputs (Modvat credit of
which was taken) was liable to pay an amount equal ... cleared without payment of duty.
8. With the introduction of the Modvat Scheme in
the year 1986, the petitioner became entitled to take
credit
price vide Annexure 4 to the writ petition. The petitioner also filed Modvat declaration under Rule 57G of the Central Excise Rules indicating the mineral ... writ petition.
8. Upto December, 1995 the petitioner was taking Modvat credit of the duty paid on the granules and was utilising the said credit
this Tribunal held that those items would not be entitled to avail modvat credit and, therefore, would not be entitled to claim benefits under ... manufacture of final product, would be capital goods, and would qualify for Modvat credit. Then as per clause-b the components, spare parts and accessories
