1999 (10) TMI 248

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iss Srimathy, Advocates, for the Respondent. [Order]. - In this reference application, Revenue has submitted that the following question of law arises out of this Tribunal final order No. 1861/98, dated 21-9-1998 :- "Whether the Hon'ble Tribunal is correct in extending Modvat credit on Capital goods viz. `Various Measuring Instruments' which do not conform to the meaning of capital goods ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... show that there any decisions of any Tribunal or Court which are contradictory to the decision relied upon in the said final order. Secondly, he submits that it is also not led by one evidence that any of these decisions relied upon in the final order have been reversed by a higher competent court. Therefore, he submits that no question of law can arise out of following the ratio which is already....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....olved in the decision in the case of M.M. Forgings Ltd. as reported in 1997 (89) E.L.T. 617 which was followed later by the Tribunal in that case as mentioned therein. 6. The sum and substance of this is that the Tribunal had relied upon applying the ratio of well established case-law with respect to the issue under dispute. As against this, Revenue in their present reference application h....