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2018 (9) TMI 1911 - HC - Central Excise100% EOU - whether the assessee was eligible to clear the inputs, in respect of which, MODVAT credit had been availed without payment of duty against a CT-3 certificate issued by a 100% export oriented unit (EOU) and as to whether the duty, if payable, was required to be equivalent to the amount of Modvat credit initially availed of? HELD THAT:- The matters require reconsideration by the Tribunal. Though it may be true that the decision was not available when the Tribunal decided and passed the impugned common order, nevertheless, when the matter travelled upto the Supreme Court in the case of LAKSHMI AUTOMATIC LOOM WORKS LTD. VERSUS COMMR. OF C. EX., TRICHY [2008 (10) TMI 57 - CESTAT CHENNAI], and the matter was remanded to the High Court of Karnataka for a fresh consideration, we are of the view that the Tribunal should have a fresh look into the matter taking note of the legal position as laid down in the case of THE COMMISSIONER OF CENTRAL EXCISE, BANGALORE-II VERSUS M/S SOLECTRON CENTUM ELECTRONICS LTD. [2014 (10) TMI 596 - KARNATAKA HIGH COURT] Division Bench of this Court in the case of THE COMMISSIONER OF GST & CENTRAL EXCISE, THE COMMISSIONER OF CENTRAL EXCISE VERSUS M/S. VELVETTE INTERNATIONAL PHARMA PRODUCTS LTD., (HERBAL DIVISION) , M/S. HCL INFOSYSTEMS LIMITED, UNIT III [2018 (8) TMI 1506 - MADRAS HIGH COURT], remanded a similar issue for a fresh consideration before the Tribunal. The matters are remanded to the Tribunal for a fresh consideration - Appeal allowed by way of remand.
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