Commissioner of Customs and Central Vs. Sunflag Iron and Steel Co. Ltd. - Court Judgment

Excerpt:

1. the application for condonation of delay of 34 days in filing the above appeals is allowed having regard to the contents of the applications, namely that although initially it was felt that no appeal was required to be filed since the issue in dispute appeared to be settled by the decisions of the tribunal, it was subsequently found on detailed examination that the issue had been referred by the larger bench of the tribunal to the hon'ble supreme court in the case of cce v. keshari steels 2001 (118) elt 92 and also after noticing that applications for rectification of mistake had been filed by the revenue in the case of ferro alloys corporation limited wherein it was held that the item in question was eligible for modvat credit.

Judgment:

1. The application for condonation of delay of 34 days in filing the above appeals is allowed having regard to the contents of the applications, namely that although initially it was felt that no appeal was required to be filed since the issue in dispute appeared to be settled by the decisions of the Tribunal, it was subsequently found on detailed examination that the issue had been referred by the larger bench of the Tribunal to the Hon'ble Supreme Court in the case of CCE v. Keshari Steels 2001 (118) ELT 92 and also after noticing that applications for rectification of mistake had been filed by the Revenue in the case of Ferro Alloys Corporation Limited wherein it was held that the item in question was eligible for modvat credit.