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of <h1>High Court directs Tribunal to refer Modvat credit rules interpretation to resolve legal question</h1> <h3>UNION OF INDIA Versus BAJAJ TEMPO LIMITED</h3> UNION OF INDIA Versus BAJAJ TEMPO LIMITED - 2005 (187) E.L.T. 294 (M. P.) Issues:1. Interpretation of statutory rules and order allowance of Modvat credit by CEGAT.2. Whether CEGAT can override rules regarding utilization of accumulated Modvat credit for different types of vehicles.3. Referral of legal question to the High Court for interpretation.Analysis:The High Court of Madhya Pradesh at Indore addressed an application by the Union of India through the Commissioner of Central Excise and Customs under Section 35(H)(1) of the Central Excise Act, 1944. The application stemmed from a decision by CEGAT in an appeal filed by the respondent, which originated from an Order-in-Original by the Commissioner of Central Excise. The main question raised was whether CEGAT could override statutory rules concerning the allowance of Modvat credit when utilizing accumulated credit for vehicles with distinct inputs. The applicant sought a referral of this legal question to the High Court for clarification.Upon hearing arguments from both parties, the Court found that the question posed by the applicant was indeed a referable question of law arising from the appellate order. It required an interpretation of tariff entries related to the Modvat credit on common inputs used in manufacturing different types of vehicles. The Court emphasized that this was a legal question rather than a factual one, warranting examination by the High Court under the Central Excise Act, 1944.Consequently, the Court allowed the application and directed the Appellate Tribunal to refer the legal question raised by the applicant to the High Court for resolution. The Court clarified that the question of law needed to be answered by the High Court in line with the provisions of the Act. The judgment highlighted the distinction between questions of law and questions of fact, asserting the need for legal interpretation in this case.
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