M/S. Him-pushp Engineers Vs. Commissioner of Cen. Excise,

M/S. Him-pushp Engineers vs Commissioner of Cen. Excise,

Type Court Judgment Court Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai Decided Jun 21, 2001

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Citation: sooperkanoon.com/23966
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided On: Jun 21, 2001
Subject: Excise

Case Summary

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

Excise

Key legal issue: Excise

Parties & Advocates

Appellant / Petitioner

M/S. Him-pushp Engineers

Respondent

Commissioner of Cen. Excise,

Excerpt

1. the issue involved in this case is whether modvat credit to be claimed on waste generated during the production. prima-facie, the assessee has got a case in view of the judgement of the larger bench of the tribunal in the case of wyeth laboratories ltd. vs. cc, bombay [2000 (120) e.l.t. 218]. hence, following the same, i waive the pre-deposit of the amounts due under the impugned order and stay its recovery during the pendency of the appeal.

Full Judgment

1. The issue involved in this case is whether modvat credit to be claimed on waste generated during the production. Prima-facie, the assessee has got a case in view of the judgement of the Larger Bench of the Tribunal in the case of Wyeth Laboratories Ltd. vs. CC, Bombay [2000 (120) E.L.T. 218]. Hence, following the same, I waive the pre-deposit of the amounts due under the impugned order and stay its recovery during the pendency of the appeal.

Same Court & Year Customs Excise and Service Tax Appellate Tribunal CESTAT Mumb... Same Parties M/S. Him-pushp Engineers vs Commissioner of Cen. Excise, Same Subject Excise