CCE, COIMBATORE Vs. G.K. STEELS (CBE) LTD.
LAWS(CB)-2000-12-4
CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL BANGALORE
Decided on December 05,2000

Appellant
VERSUS
Respondents

JUDGEMENT

S.L.PEERAN - (1.)BY this reference application the Revenue seeks to refer the following question of law to the Hon'ble High Court of Madras:
(2.)Whether the Hon'ble Tribunal is correct in extending the modvat credit on inputs received under the cover of endorsed invoices which are not valid and prescribed documents as per Rule 57G(3) of Central Excise Rules, 1944.
Heard Shri S. Kannan, learned DR and Shri S. Venkatachalam, learned Counsel for the respondents.

The learned DR submits that the larger bench in the case reported in, 2000 (116) ELT 362 has laid down that MODVAT Credit will not be available through endorsed documents. He submits that although this judgment of the larger bench has come subsequent to the order passed by the Tribunal, however, in the light of the Tribunal judgment rendered by the larger bench, the reference application may be allowed and the matter referred to the Hon'ble High Court. The consequence of the final order would be the Revenue appeal is required to be accepted.

(3.)THE learned Counsel for the respondents submits that the Tribunal took up seven reference applications in the case of CCE v. Auto Steel Casts (P) Ltd. and six others by reference order No. 46 -55 dated 29.8.2000 and held that the question is not referable to the High Court as the question of fact, and the Tribunal noted the submissions made by the learned Counsel and relied upon the larger bench judgment and this would apply to the facts of the present case and as such the reference application is required to be rejected.


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