Customs, Excise and Gold Tribunal - Delhi
M/S. Jindal Strips Ltd. vs Cce, Delhi And Cce, Delhi Vs. M/S. Jindal ... on 2 May, 2001
ORDER
P.S. Bajaj
1. This order will dispose of two appeals one filed by the appellants bearing No. E/3104/98-NB and another by the Revenue bearing No. E/2900/98-NB against common impugned order dated 7.9.98 passed by Commissioner (Appeals). The issue involved in both these appeals relates to the 'capital goods' and availability of modvat credit thereon. The assessee has filed the appeal challenging the validity of the impugned order in respect of the goods on which modvat credit had been disallowed to them being not 'capital goods' while the Revenue has questioned the validity of the impugned order in respect of the goods on which the modvat credit had been allowed.
2. It has been submitted by both the sides that the question as to whether the disputed goods fall within the ambit of 'capital goods' or not deserves to be re-examined by the adjudicating authority in the light of the latest Larger Bench decision in CCE Indore Vs. Surya Roshini, 20001(42) RLT 817(LB). We have also gone through the impugned order and the record and in our view the submission of both the sides deserves to be accepted. The decision of the larger Bench in the above cited case was not available to the Commissioner (Appeals) when he passed impugned order.
3. Therefore, the impugned order of the Commissioner (Appeals) is set aside and the matter is sent back to the adjudicating authority for fresh decision in the light of he observations made above. However, the adjudicating authority will also take into consideration the other law on the point which may be cited before him by both the sides. He will decide the matter after affording opportunity of hearing to them.
4. Accordingly, the appeals stand disposed of by way of remand.
Dictated and pronounced in the open Court.