Modvat credit on input eligibility was treated as settled, leaving no referable question of law on disputed materials.

Modvat credit under Rule 57A of the Central Excise Rules, 1944 was considered for Triethylene Glycol and Tungsten Wire as inputs. The Tribunal had already allowed credit on these items, and the request for reference was opposed on the basis that larger bench and High Court decisions had settled the admissibility of credit on similar inputs. In view of the Patna High Court's approval of the relevant Tribunal view, the legal position was treated as settled and no referable question of law remained. The reference application was therefore rejected.

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Issues: Whether a question of law arose for reference on the eligibility of Triethylene Glycol and Tungsten Wire as inputs for Modvat credit under Rule 57A of the Central Excise Rules, 1944.

Analysis: The Tribunal had already allowed Modvat credit on the disputed items. The request for reference was opposed on the ground that the issue stood concluded by larger bench and High Court decisions recognising admissibility of credit on similar items. In view of the Patna High Court's approval of the relevant Tribunal view, the legal position was treated as settled and no referable question remained.

Conclusion: No question of law requiring reference arose, and the reference application was rejected.

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