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2018 (8) TMI 1677 - HC - Central ExciseMODVAT Credit - Whether MODVAT Credit can be availed on the inputs used in manufacture of goods exempted by virtue of Rule 57F(3) and Notification 214/86-CE dated 01.3.1986? - Whether the Customs, Excise and Service Tax Appellate Tribunal was correct in law in applying the ratio of the Larger Bench decision in M/s.Sterlite Industries Limited [2004 (12) TMI 108 - CESTAT, MUMBAI] to this case? Held that:- In Kyungshin Industrial Motherson Ltd., [2015 (11) TMI 899 - MADRAS HIGH COURT] an identical issue came up for consideration wherein also, the Tribunal relied the decision in the case of Sterlite Industries (I) Ltd. [2004 (12) TMI 108 - CESTAT, MUMBAI] - The Hon'ble Division Bench noted that the decision of the Larger Bench of the Tribunal in the case of Sterlite Industries (I) Ltd., was approved by the Hon'ble Division Bench of the Bombay High Court in the case of Commissioner Vs. Sterlite Industries (I) Ltd. [2008 (8) TMI 783 - BOMBAY HIGH COURT]. Appeal dismissed - decided against Revenue.
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