GARHA GEARS LIMITED Vs. CCE

JUDGEMENT

(1.) THE Revenue filed this appeal against the Order -in -Appeal passed by the Commissioner (Appeals) whereby the benefit of modvat credit in respect of capital goods was allowed.

(2.) THE contention of the Revenue is that the respondents had not filed any declaration in respect of capital goods on which the credit has been taken.

(3.) THE contention of the respondents is that under Rule 57T and Rule 57G of the Central Excise Rules were amended by Notification No. 7/99 -CE dated 9.2.99 to the effect that the credit shall not be denied on technicality in case it was proved that the goods were duty paid. The respondents relied upon the decision of the Larger Bench of the Tribunal in the case of Kamakhya Steels (P) Ltd. Vs. CCE, Meerut, 2002 -Taxindiaonline -37 -CESTAT -DEL -LB and the decision of the Tribunal in the case of CCE, Indore Vs. M/s. S and H Gears Limited vide Final Order No. A/1227/03 -NB(S) dated 26.9.2003.