Customs, Excise and Gold Tribunal - Calcutta
C.C.E., Calcutta-I vs M/S Black Diamond Beverages Ltd. on 13 July, 2001
ORDER
Archana Wadwha The short point involved in the present appeal of the Revenue is as regards the admissibility of the Modvat credit of various items as capital goods. After hearing both sides I find that law has now been declared by the Larger Bench decision of the Tribunal in the case of C.C.E., Indore vs. Surya Roshni Limited-2001 (42) RLT 817 (CEGAT-LB). The admissibility of each and every item as regards the Modvat Credit has to be examined in the light of the law so laid down by the Larger Bench decision. The Madras High Court judgement in the case of Sib Industries Ltd. C.C.E., Coimbatore-2001 (43) RLT 523 (Mad.) is required to be taken into consideration while deciding the disputed issue inasmuch as the number of items are involved and the use of each and every item is required to be examined. I set aside the impugned order and remand the matter to the Assistant Commissioner for de novo decision in the light of the decisions of the Larger Bench of the Tribunal and the Hon'ble Madras High Court. Appeal is allowed by way of remand.