2010 (3) TMI 272

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Mr.Gurpreet Singh, Sr. Standing Counsel (Indirect Taxes), for the petitioner. None for the respondent. ASHUTOSH MOHUNTA, J. (ORAL) The Customs, Excise and Gold (Control) Appellate Tribunal has referred the following question of law for adjudication by this Court:- "Whether the Hon'ble Tribunal are correct in holding that the parts of machines/machinery are eligible for availing MODV....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nal product or not. According to section 57B, the manufacturer of final products shall be allowed to take credit of the specified duty paid on the inputs used in or in relation to the manufacture of final products, whether directly or indirectly and whether contained in the final products or not, namely, (i) the inputs, which are manufactured and used within the factory of production, but accordin....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in Escorts Mahle Ltd.'s case (supra), even parts of machinery would be eligible for modvat credit. Similar view was taken by the Apex Court in case M/s Jaypee Rewa Cement v. Commissioner of Central Excise, M.P. AIR 2001 Supreme Court 3935, wherein it was held that the inputs used in the manufacture of intermediate products that is lime stone, which subsequently used in the manufacture of cement wa....