Customs, Excise and Gold Tribunal - Delhi
C.C.E. vs Indian Glycoles Ltd. on 24 February, 2000
Equivalent citations: 2000(70)ECC92
ORDER G.R. Sharma, Member (T)
1. By this appeal Revenue has contended that the Ld. Commissioner (Appeals) has wrongly allowed Modvat credit on furnace oil pressure gauge and wires and cables.
2. We have heard Shri Mewa Singh, Ld. DR. None appeared for the respondent. We note that the question of admissibility of Modvat credit on furnace oil was examined by the Larger Bench of this Tribunal in the case of Balmpur Industries Ltd. v. CCE . The Tribunal observed that furnace oil for captive generation of electricity which in turn is used for manufacture of final products of assessee, is entitled for Modvat credit even prior to 16.3.95. Since the Larger Bench has already taken a view on the issue and we do not find any reason to discharge with this view, we hold that Modvat credit will be admissible on furnace oil.
3. Insofar as wires and cables are concerned, the issue of admissibility of Modvat credit on wires and cables came up for consideration before the Larger Bench of this Tribunal in the case of Jawahar Mills Ltd. reported in 1999 (108) ELT47 wherein the Larger Bench of this Tribunal held that Modvat credit is admissible on wires and cables even as capitals goods. Thus, we find that Ld. Commissioner (Appeals) has rightly allowed Modvat credit to the assessee on this item. We uphold the order of the Ld. Commissioner (Appeals) on this issue.
4. The third item of allowance of Modvat credit is pressure gauges. We note that pressure gauges are measuring instruments. Modvat credit has been consistently allowed by this Tribunal on measuring instrument. Having regard to the consistent view of the Tribunal, we hold that Modvat credit will be admissible on pressure gauges. Having regard to the above findings, the impugned order is upheld and the appeal is rejected.