2009 (4) TMI 63

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....India, for the petitioner. Mr. Rakesh Sharma, Advocate, for the respondent. [Judgment per Deepak Gupta, J (oral)]. - This Excise Reference has been admitted on the following questions of law:- "1. Whether the Hon'ble Tribunal was correct in treating party's own final products returned by the customers during period 2/95 to 6/95, for re-processing, as inputs in terms of Rule 57-A of the Ce....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....laim modvat credit on resale of the refurbished products which have been returned to the manufacturer. The main ground raised by the department is that modvat credit, on account of the excise duty paid on the inputs, had already been claimed when the axle-shafts were first sold and therefore, on refurbished and reprocessed axle-shafts fresh modvat credit could not have been claimed. The authori....