COMMISSIONER OF CENTRAL EXCISE Vs. UNITED PHOSPHORUS LTD.

JUDGEMENT

(1.) Draft amendment dated 24-11-2014 is allowed.

(2.) In the amended form, the question of law presented for our consideration by the Revenue in this appeal is as under :

(3.) Having heard the learned counsel for the Revenue and having perused the impugned decision of the Customs, Excise & Service Tax Appellate Tribunal, it emerges that the sole issue involved in this Tax Appeal relates to the assessees claim for Modvat Credit on the capital goods used in generation of electricity, which was captively consumed. According to the Revenue, the assessee would not qualify for such credit in view of Rule 57Q of the Central Excise Rules, 1944. The Tribunal, however, relied on the decision of Chennai Bench in case of Kothari Sugars & Chemicals Ltd. v. Commissioner of Central Excise, Trichy reported in 2006 (196) E.L.T. 35, held in favour of the assessee. In such decision, the Tribunal had come to the following conclusion :