1. The issue involved in this appeal filed by Revenue is whether Modvat Credit is available in respect of lubricants under Rule 57A when the Respondents M/s. Shree as capital goods Credit. When the matter was called no on was present on behalf of the Respondents. In fact, the notice issued to them regarding date of hearing has been returned back from the postal authorities with the remark "SBCM has been sealed." I, therefore, heard Shri S.C. Pushkarna, learned D.R. and perused the records.
2. The issue involved in the present appeal has been settled by the Larger Bench of the Tribunal in the case of CCE, Meerut vs. Modi Rubber Ltd., 2000 (38) RLT 718, wherein it was held that lubricant oil and grease which are used for lubricating machine/machinery which are used for manufacture of final products, are eligible inputs. The Larger Bench has also held in the said decision that the declaration filed by the Assessee in terms of Rule 57Q is sufficient for the purpose of extending credit on goods which were inputs within the meaning of Rule 57A. Following the decision of the Larger Bench the appeal filed by the Revenue is rejected.