Cce, Meerut Vs. M/S. Glasstronics India Ltd. - Court Judgment

Excerpt:
1. in this application filed by the department, they have claimed that the following question of law has ariseh out of the final order no.a/232/98-nb(s) dated 17.03.98 passed by this tribunal in appeal no.e/1241/97-nb. "the point of law under reference is whether gate passes issued prior to 01.04.94 but endorsed after that date would fall under the coverage of entry no 10 in the table to the notification no.16/94 ce (nt) dt. 30.3.94 and would consequently become eligible documents for taking credit under modvat scheme." 2. i have examined the above final order and the grounds of the present application. ld. jdr shri swatantra kumar has reiterated the grounds of the application and has submitted that, in numerous earlier cases, this tribunal has referred the above question of law to various high courts.3. today there is no representation for the respondents inspite of notice. i have examined the submissions made by ld. jdr. i have also pointed out to him that the above question of law already stands answered in favour of the assessees by the gujarat high court.4. in the case of commissioner of central excise vs gujarat modicraft pvt. ltd. [2000 (42) rlt 475] a division bench of the high court held that gate passes issued before 01.04.94 and endorsed between 01.04.94 and 30.06.94 were admissible documents for the purpose of availment of modvat credit under rules 57a and 57g of the central excise rules. the high court's decision was rendered in a reference from the tribunal.since the question of law framed in the present application stands already decided by a high court, the question does not survive for any further reference to high court under section 35g of the central excise act.

Judgment:
1. In this application filed by the Department, they have claimed that the following question of law has ariseh out of the Final Order No.A/232/98-NB(S) dated 17.03.98 passed by this Tribunal in appeal No.E/1241/97-NB. "The point of law under reference is whether gate passes issued prior to 01.04.94 but endorsed after that date would fall under the coverage of entry No 10 in the table to the Notification No.16/94 CE (NT) dt. 30.3.94 and would consequently become eligible documents for taking credit under modvat scheme." 2. I have examined the above Final Order and the grounds of the present application. Ld. JDR Shri Swatantra Kumar has reiterated the grounds of the application and has submitted that, in numerous earlier cases, this Tribunal has referred the above question of law to various High Courts.

3. Today there is no representation for the respondents inspite of notice. I have examined the submissions made by ld. JDR. I have also pointed out to him that the above question of law already stands answered in favour of the assessees by the Gujarat High Court.

4. In the case of Commissioner of Central Excise Vs Gujarat Modicraft Pvt. Ltd. [2000 (42) RLT 475] a Division Bench of the High Court held that gate passes issued before 01.04.94 and endorsed between 01.04.94 and 30.06.94 were admissible documents for the purpose of availment of Modvat credit under Rules 57A and 57G of the Central Excise Rules. The High Court's decision was rendered in a reference from the Tribunal.

Since the question of law framed in the present application stands already decided by a High Court, the question does not survive for any further reference to High Court under Section 35G of the Central Excise Act.