Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2013 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (2) TMI 140 - JHARKHAND HIGH COURTModvat Credit - Tribunal decided the issue in favour of assessee after relying upon the judgement CCE Chandigarh Vs. A.B.Tools Ltd.[1994 (2) TMI 78 - CEGAT, NEW DELHI] which is based on Calcutta High Court's judgement of Singh Alloys & Steel ltd. Vs. ACCE [1993 (1) TMI 97 - HIGH COURT AT CALCUTTA] - revenue questioned on High court decision as it was under challenge before the Divisions Bench - Held that:- As after several efforts and after seeking instruction from the Department revenue could not bring to notice that the judgement of the Calcutta High Court of Singh Alloys & Steel ltd. has been reversed or the order of the Larger Bench of the Tribunal in the case of A.B.Tools Ltd. has been reversed. Thus no fault can be found out in the judgement rendered by the Tribunal and, therefore, this Tax Case is decided accordingly and it is held that if the Tribunal decides the issue following Larger Bench decision based upon the High Court decision, then the Tribunal has not only done it rightly but was bound to do accordingly - in favour of assessee.
|