2000 (2) TMI 282

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.... Shri R. Santhanam, Advocate, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - Revenue has filed the above Application for reference of the following questions of law stated to have arisen out of the Tribunal Final order Nos. A/216-217/99-NB, dated 9-4-1999 :- In the case of M/s. Standard Sulphonators (P) Ltd. 1. Provisions of Notification No. 175/86 i.e., durin....

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....ibunal. In other words, whether simultaneous availment of Modvat credit and benefit of full exemption is permissible under the law. 2. Accumulated Modvat credit of the last financial year can be carried over to next financial year when the party is not entitled for Modvat credit since the party was clearing the goods at nil rate of duty under Notification No. 175/86, dated 1-3-1986. 3.&....

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....required to be filed under Rule 57G. Against the denial of the Modvat, the Assessees filed appeals to the Tribunal which were allowed holding that the declaration initially filed for the purpose of availing Modvat credit is sufficient and that the assessees are not required to file a fresh declaration on returning to the Modvat scheme after crossing the exemption limit prescribed in the SSI exempt....

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....al's decision in the case of Signs India (supra) per incuriam as it has not noted the earlier decision of the Tribunal taking a different view and he therefore contends that the Signs India decision should not be taken as a ground for allowing the Reference. 4. We have considered the submissions of the both the sides. Although several decisions of the Tribunal including the ones relied upo....