M/S. Shree Cement Limited Vs. C.C.E., Jaipur - Court Judgment

Excerpt:

.....excise & customs, jaipur road, ajmer. a copy of the said letter has been supplied to the ld. jdr who has seen and has agreed to the said deposit. the issue involved relates to modvat credit on capital goods and the same is covered by the larger bench decision in the case of c.c.e. indore vs.surya roshni reported in 2001 (42) rlt 817 (cegat-l.b). the case involving the same issue in the case of appellants itself has been remanded by this tribunal vide order dt. 16.5.2001 to the original authority for deciding the matter afresh in light of the observations contained in the decision of the larger bench cited supra. accordingly, the appeal itself is being taken for final disposal with the consent of both the parties the matter is being remanded to the original authority for consideration afresh in light of the observations contained in the larger bench decision (supra).

Judgment:

1. Shri M.P. Devnath, ld. Advocate appearing on behalf of the appellants has filed an application for stay, but it is brought to the notice of the Tribunal that the entire duty amount of Rs. 4,01,792/- has been deposited by he appellants as mentioned in the letter dated 10.2.2001 addressed to the Dy. Commissioner, Central Excise & Customs, Jaipur Road, Ajmer. A Copy of the said letter has been supplied to the ld. JDR who has seen and has agreed to the said deposit. The issue involved relates to modvat credit on capital goods and the same is covered by the Larger Bench decision in the case of C.C.E. Indore vs.

Surya Roshni reported in 2001 (42) RLT 817 (CEGAT-L.B). The case involving the same issue in the case of appellants itself has been remanded by this Tribunal vide Order dt. 16.5.2001 to the Original Authority for deciding the matter afresh in light of the observations contained in the decision of the Larger Bench cited supra. Accordingly, the appeal itself is being taken for final disposal with the consent of both the parties the matter is being remanded to the Original Authority for consideration afresh in light of the observations contained in the Larger Bench decision (supra).