Shakti Insulated Wires Vs. Commissioner of Central Excise, - Court Judgment

Excerpt:
1. these two applications seeks stay and waiver of a total sum of rs.5,82,961/-. the applicant is a job worker operating under rule 57f(3) of the central excise rules, 1944. apart from the goods received from the principle manufacturer, he had also used other inputs in processing of the goods, of the other inputs, he had taken modvat credit. the revenue felt that since the job worker does not pay duty he is not entitled to use the credit.2. shri bb sarkar states that the revenue are engaging a counsel to argue this case. he therefore seeks time. shri rohan shah states that in the meanwhile the prayer in the present applications could be considered.3. i find it to be a interesting issue, and post the two appeals for final hearing in the 13th of july 2001. in the meanwhile the revenue shall not take any action to recover the due and amounts of duty and penalty.

Judgment:
1. These two applications seeks stay and waiver of a total sum of Rs.5,82,961/-. The applicant is a job worker operating under Rule 57F(3) of the Central Excise Rules, 1944. Apart from the goods received from the principle manufacturer, he had also used other inputs in processing of the goods, of the other inputs, he had taken modvat credit. The Revenue felt that since the job worker does not pay duty he is not entitled to use the credit.

2. Shri BB Sarkar states that the Revenue are engaging a counsel to argue this case. He therefore seeks time. Shri Rohan Shah states that in the meanwhile the prayer in the present applications could be considered.

3. I find it to be a interesting issue, and post the two appeals for final hearing in the 13th of July 2001. In the meanwhile the Revenue shall not take any action to recover the due and amounts of duty and penalty.