1997 (3) TMI 254

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion), for the Respondents. [Order]. -  Briefly stated, facts of the case are as follows : 1.1 The respondents herein are manufacturer of Tyre etc. under Chapter 40 of the Central Excise Tariff Act (CETA), 1985. It was alleged that they contravened the provision of Rule 57A of Central Excise Rules, 1944 inasmuch as they took irregular Modvat credit in their RG 23A Part II Account....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....peal the respondents herein succeeded. The lower appellate authority held that these are inputs and would be covered by Rule 57A and would be beyond the scope of exclusion clause of Rule 57A in view of Tribunal's judgment in the following cases : (i) Order No. 521/90-C, dated 24-5-1990 in the case of Ceat Tyres v. Collector of Central Excise; (ii) Order No. 148/89-C, dated 5-4-1989....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the tyre for the purpose of obtaining finished product. Ld. SDR, Shri Biswas submits that Revenue's appeal be allowed after setting aside the impugned order. 3. Opposing the contention, Shri Anirudha Sarkar, Manager (Taxation) of the respondents' Company, submits that this matter is no longer res integra in the view that Revenue's Appeal against Tribunal's judgment in the case of M/s. Mo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on March 25, 1991. Since the only question in this appeal is the very same, namely, whether air bags and bladders can be treated as inputs in the manufacture of tyres, we have to dismiss these appeals. The appeals are dismissed accordingly." He submits that although the question before the Apex Court was regarding the benefit of Notification 217/86-C.E., the same ratio would apply to Rule 57....