| SooperKanoon Citation | sooperkanoon.com/23966 |
| Subject | Excise |
| Court | Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai |
| Decided On | Jun-21-2001 |
| Appellant | 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.
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.