Customs, Excise and Gold Tribunal - Mumbai
Menon Pistons Ltd. vs Commissioner Of Central Excise, ... on 2 November, 2001
JUDGMENT Jyoti Balasundaram, Member (J)
1. In this case modvat credit of Rs. 14,700/- has been disallowed to the appellants on the ground that the items on which credit was taken namely Switch Board Panel are not capital goods within the definition thereof under Rule 57Q of the Central Excise Rules.
2. The appellants have asked for decision on merits and hence I have heard Ld. DR and perusing the records.
3. The issue stands settled by the decision of the Larger Bench of the Tribunal in the case of Jawahar Mills Ltd. v. Commissioner of Central Excise [1999 (108) ELT 47 (Tribunal)] wherein it has been held that control panels used for distribution of power to run machinery are capital goods entitled to credit. The decision of the Tribunal has been upheld by the Hon'ble Supreme Court. Following the ratio of the above decision I hold that credit is available to the appellants set aside the impugned order and allow the appeal.
(Pronounced in Court)