COMMISSIONER OF CENTRAL EXCISE Vs. OSWAL WOOLLEN MILLS

JUDGEMENT

(1.) REVENUE filed this appeal. In the impugned order the Commissioner (Appeals) has dropped the demand against the respondent relying on the decision of Madura Coats Pvt. Ltd. v. CCE reported in : 2005 (190) E.L.T. 450, wherein the duty demand was dropped against the respondent holding that duty rightly be paid by the respondent on transaction value, at the time of clearance of the capital goods, which they have used for almost five years in terms of Rule 3(5) of the Central Credit Rules, 2004.

(2.) THE ld. DR submitted that the Commissioner (Appeals) has relied on the decision of Madura Coats Pvt. Ltd. (supra) of this Tribunal, which the department has challenged and the same is pending before Hon'ble Madras High Court. Hence, this appeal be kept pending.