COMMISSIONER OF C. EX. Vs. ISPAT INDUSTRIES LTD.

JUDGEMENT

(1.) THIS is an appeal filed by the Revenue.

(2.) AFTER hearing both sides and perusal of the records, I find that the issue in dispute is whether the assessee respondents is entitled to avail the balance 50% credit in respect of capital goods, if such capital goods are cleared, as such in the first year itself when the first 50% has been availed. He submits that the Tribunal in the case of Hindustan Lever Ltd. v. CCE has inter alia held as under:

(3.) HE further submitted that -