Customs, Excise and Gold Tribunal - Delhi
Cce, Indore vs M/S Mardia Steels Ltd., Ratlam on 8 June, 2001
ORDER Archana Wadhwa, Member (J)
1. Nobody is present for the respondents. Accordingly, I have heard Shri J. Singh, ld. JDR. The short point involved in this appeal is the availability of Modvat credit in respect of cables and armoured cables. The Commissioner (Appeals) by following the Larger Bench decision of the Tribunal in the case of Jawahar Mills Ltd. has held that the PVC cables are eligible "capital goods" for the purposes of Modvat credit. The Revenue in their appeal have admitted the above legal position, but have contended that the said decision has not accepted by the Government who is in the process of filing of appeal before the Supreme Court. However, ld. SDR has not been able to show that the said decision of the Larger Bench has been stayed by the Supreme Court.
2. I also find that the Hon'ble Madras High Court in the case of Siv Industries Ltd. Vs Commissioner of Central Excise, Coimbatore [2001 (43) RLT 523 (Madras)], while answering a reference application, have held that wires and cables used for transmission of electric energy are eligible "capital goods" in terms of the Explanation to Rules 57Q. Inasmuch as the issue is decided in favour of the respondents, I find no merits in the Revenue's appeal and reject the same.
[Dictated and pronounced in open Court.]