Commissioner of Central Excise, Vs. M/S. Shree Castings

Commissioner of Central Excise, vs M/S. Shree Castings

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi Decided May 16, 2001

~2 min read

https://sooperkanoon.com/case/23073

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/23073
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided On: May 16, 2001
Subject: Service Tax

Case Summary

AI-generated summary - not the official court judgment text.

Service Tax

Key legal issue: Service Tax

Parties & Advocates

Appellant / Petitioner

Commissioner of Central Excise,

Respondent

M/S. Shree Castings

Excerpt

1. the issue in dispute in this appeal of the revenue is whether simultaneous availment of modvat credit of certain goods namely castings and cast iron articles falling under chapter heading 7325.10 and full exemption up to rs.30 lakhs in terms of ssi notification no.1/93 dated 28.2.93 in respect of other goods viz. motor vehicle parts falling under chapter 85 machined castings in permissible in law. the authorities below have dropped the proceedings against the assessees, holding that a manufacturer can claim modvat credit in respect of certain goods and pay duty there on and can also avail exemption up to rs.30 lakhs in respect of other goods on which modvat credit has not been taken.2. on hearing shri ashok kumar, id. dr and shri d.k. tyagi, id.advocate, we note that the issue stands settled in favour of the respondents by the decision of the larger bench of the tribunal in the case of franco italian co. pvt. ltd. vs. cce, mumbai-ii reported in 2000 (40) elt 295 (cegat-l.b.). this decision has in turn followed the earlier decision of the tribunal in the case of faridabad tools pvt.ltd. vs. cce (1993 (63) elt 759 (t) which has been confirmed by the apex court. following the ratio of the above decision, we hold that there is no legal infirmity in the impugned order and accordingly uphold the same and reject the appeal.

Full Judgment

1. The issue in dispute in this appeal of the Revenue is whether simultaneous availment of modvat credit of certain goods namely castings and cast iron articles falling under Chapter heading 7325.10 and full exemption up to Rs.30 lakhs in terms of SSI Notification No.1/93 dated 28.2.93 in respect of other goods viz. motor vehicle parts falling under Chapter 85 machined castings in permissible in law. The authorities below have dropped the proceedings against the assessees, holding that a manufacturer can claim modvat credit in respect of certain goods and pay duty there on and can also avail exemption up to Rs.30 lakhs in respect of other goods on which modvat credit has not been taken.

2. On hearing Shri Ashok Kumar, Id. DR and Shri D.K. Tyagi, Id.

advocate, we note that the issue stands settled in favour of the respondents by the decision of the Larger Bench of the Tribunal in the case of Franco Italian Co. Pvt. Ltd. vs. CCE, Mumbai-II reported in 2000 (40) ELT 295 (CEGAT-L.B.). This decision has in turn followed the earlier decision of the Tribunal in the case of Faridabad Tools Pvt.

Ltd. vs. CCE (1993 (63) ELT 759 (T) which has been confirmed by the Apex Court. Following the ratio of the above decision, we hold that there is no legal infirmity in the impugned order and accordingly uphold the same and reject the appeal.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Delh... Same Parties Commissioner of Central Excise, vs M/S. Shree Castings Same Subject Service Tax