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2010 (10) TMI 1142 - CHHATTISGARH HIGH COURT

2010 (10) TMI 1142 - CHHATTISGARH HIGH COURT - 2016 (341) E.L.T. 175 (Chhattisgarh) - Tax Case No. 8 of 2008 - Dated:- 6-10-2010 - Dhirendra Mishra and R.N. Chandrakar, JJ. Shri Bhishma Kinger, Counsel, for the Appellant. Shri Shashank Dubey, Sr. Advocate with Mrs. Smiti Sharma, Counsel, for the Respondent. JUDGMENT [Judgment per : Dhirendra Mishra, J. (Oral)]. - Revenue s appeal under Section 35G of the Central Excise Act, 1944 against the impugned order of Customs Excise & Service Tax Appe .....

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impugned order (Annexure A/1) is liable to be set aside and the Order-in-Original (Annexure A/3) and Order-in-Appeal (Annexure A/4) be upheld and accordingly restored? 2. Modvat credit was disallowed to the respondent/assessee on the capital goods namely, Plate/Plate Mill Plate, M.S. Angle/MST Angle, Angle, M.S. Beam, M.S. Channel, etc. The appeal preferred by the assessee has been further dismissed by the Commissioner (Appeals) vide Annexure A/4. However, the Tribunal allowed the appeal o .....

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hashank Dubey, learned Sr. Advocate with Mrs. Smiti Sharma, Advocate, appearing for the respondent/assessee, relying upon the latest decision of the Hon ble Supreme Court dated 9th July, 2010 passed in Civil Appeal No. 3760/2003 [2010 (255) E.L.T. 481 (S.C.)] in the matter of Commissioner of Central Excise, Jaipur v. M/s. Rajasthan Spinning & Weaving Mills Ltd., argued that the issue sought to be raised by the revenue in this appeal stands concluded in favour of the assessee. Reliance is als .....

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