Customs, Excise and Gold Tribunal - Mumbai
The Indian Seamless Metal Tubes Ltd. vs Commissioner Of Central Excise, ... on 30 October, 2001
JUDGMENT Jyoti Balasundaram, Member (J)
1. These are the applications for waiver of predeposit of total amount of Rs. 3,55,976/- which represents the amount of modvat credit disallowed by the authorities below on Raw Steel Castings, Unamachined castings and bars on the grounds that these items are used after extensive process of machining within applicant's units in order to obtain the desired profile before use as part and component of machines.
2. On hearing both sides and noting the decisions of the Tribunal in the case of Rosa Sugar Works v. CCE, Kanpur [2001 (45) RLT 660 (CEGAT-Del.)] and Commissioner of Central Excise, Coimbatore [1999 (111) ELT 830 (Tribunal)], I hold that a prima facia case for waiver has been made out by the applicants since the above two decisions prima facie hold that items such as raw or unmachined castings are to be treated as capital goods within the meaning of Rule 57Q of the Cental Excise Rules, 1944. I accordingly waive the predeposit of duty and stay recovery threoof pending these appeals.
(Pronounced in Court)