Commissioner of Central Excise Vs. Auto Electronics - Court Judgment

Excerpt:
1. the issue in the present appeal filed by the revenue is the admissibility of modvat credit on gate passes issued prior to 1.4.1994 but endorsed subsequently and credit taken before 30.6.1994 by the respondents.2. on hearing ld. dr, i find that the issue stands settled by the tribunal in the case of moosa haji patrawalla [1996 (83) elt 620 (t)] holding that credit is admissible in such a situation. the above decision of the tribunal has been followed in a series of cases.following the ratio thereof i hold that credit has been rightly extended to the respondents herein, uphold the impugned order and reject this appeal.

Judgment:
1. The issue in the present appeal filed by the Revenue is the admissibility of modvat credit on gate passes issued prior to 1.4.1994 but endorsed subsequently and credit taken before 30.6.1994 by the respondents.

2. On hearing Ld. DR, I find that the issue stands settled by the Tribunal in the case of Moosa Haji Patrawalla [1996 (83) ELT 620 (T)] holding that credit is admissible in such a situation. The above decision of the Tribunal has been followed in a series of cases.

Following the ratio thereof I hold that credit has been rightly extended to the respondents herein, uphold the impugned order and reject this appeal.