Commissioner of Central Excise and Vs. M/S. Antifriction Bearing Corpn. - Court Judgment |
| Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai |
| Mar-12-2001 |
| Commissioner of Central Excise and |
| M/S. Antifriction Bearing Corpn. |
1. the larger bench of the tribunal in their judgement in the case of dai ichi karkaria ltd. vs. collector of central excise, pune (1996(81) elt 676(tri) had held that for computing the assessable value, the quantum of modvat credit availed of on the inputs should not be taken for accountal. the commissioner (appeals) in the inpugned order followed this judgement. the revenue contested this stand and made the plea that an appeal against the said judgement was being contemplated.2. this judgement was upheld by the supreme court in its judgement in the case of cce, pune vs. dai ichi karkaria ltd [1999(12) elt 353 (s.c)]. the contentions made in the appeal do not survive. the appeal is dismissed.
1. The Larger Bench of the Tribunal in their judgement in the case of Dai Ichi Karkaria Ltd. vs. Collector of Central Excise, Pune (1996(81) ELT 676(Tri) had held that for computing the assessable value, the quantum of modvat credit availed of on the inputs should not be taken for accountal. The Commissioner (Appeals) in the inpugned order followed this judgement. The Revenue contested this stand and made the plea that an appeal against the said judgement was being contemplated.
2. This judgement was upheld by the Supreme Court in its judgement in the case of CCE, Pune vs. Dai Ichi Karkaria Ltd [1999(12) ELT 353 (S.C)]. The contentions made in the appeal do not survive. The appeal is dismissed.