LAWS(KAR)-2011-4-184

COMMISSIONER OF CENTRAL EXCISE, BANGALORE-I COMMISSIONERATE, C.R. BUILDING, QUEENS ROAD, BANGALORE - 560001 Vs. M/S. GELTEC LTD., (FORMERLY KNOWN AS BANNER PHARMACAPAS (INDIA) PVT LTD.), NO. 24, 26/3, 27/2, YADAVANAHALLI VILLAGE, ATTIBELE HOBLI,

Decided On April 12, 2011
Commissioner Of Central Excise, Bangalore -I Commissionerate, C.R. Building, Queens Road, Bangalore - 560001 Appellant
V/S
M/S. Geltec Ltd., (Formerly Known As Banner Pharmacapas (India) Pvt Ltd.), No. 24, 26/3, 27/2, Yadavanahalli Village, Attibele Hobli, Respondents

JUDGEMENT

(1.) The revenue has preferred this appeal challenging the order passed by the Tribunal which has held that the Cenvat credit shall be admissible in respect of the amount of inputs contained in any waste, refuse or bye-product and therefore the assessee is under no obligation to reverse any Cenvat credit on inputs attributable to the waste that is generated in the factory premises during the course of its manufacture.

(2.) The assessee is engaged in the manufacture of Gelatin Capsules using Gelatin IP., B.P. (Spl for export)

(3.) This appeal is admitted to consider the following substantial questions of law: