TMI Blog2003 (7) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... -10-2002 by which the Cenvat credit on capital goods namely Checking Fixtures and Jigs Fixtures have been denied solely on the ground that the ownership of the said items does not lie in the hands of the appellants but it was owned by M/s. Hyundai Motors India Ltd. It is a fact which is noted by the authorities that M/s. Hyundai Motors had reversed the credit and the assessee had received the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the department is proceeding to file an RCP against the judgment rendered in the case of Sharda Motors Industries Ltd. v. CCE, Chennai-II (supra). It is also stated in the reply that this judgment needs to be declared 'per incuriam'. It is stated that the Board's circular is not applicable. However, no explanation has been given as to how it is not applicable and how the judgment of Sharda Motors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the Jt. Commissioner. He has stated that the Sharda Motor Industries Ltd. case is under consideration for filing RCP. It is seen that the above cited case was decided by the Tribunal on 26-3-2002. It is not explained as to how an RCP will arise after the period of limitation is over. Be that as it may, the order of the Tribunal is binding on the authorities including on this bench. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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