COMMISSIONER OF CENTRAL EXCISE Vs. MARIS SPINNERS LIMITED

JUDGEMENT

(1.) THIS Appeal is filed against the Final Order No. 464 of 2004 dated 30. 04. 2004 made by the Customs, Excise and service Tax Appellate Tribunal, South Zonal Bench, Chennai.

(2.) THE question of law formulated for entertainment of the appeal are as follows:

(3.) THE first respondent herein is engaged in the manufacture of cotton yarn falling under heading No. 52. 05 of the Central Excise Tariff Act 1985. They availed Modvat credit on the goods "lighting fittings and parts thereof" falling under heading No. 94. 05 to the extent of Rs. 47,994/-under rule 57q of the Central Excise Rules, 1944. They have filed necessary declaration under Rule 57t on 23. 2. 2996. The capital goods credit was sought to be disallowed on the ground that the goods were ineligible capital goods under rule 57q. The original authority allowed the credit holding inter alia that the goods were industrial in nature and hence eligible for credit. Aggrieved by the said order, the revenue moved the commissioner (Appeals), who by his order dated 29. 7. 2003 held in favour of the revenue. Aggrieved by the said order, the assessee filed appeal before the customs, Excise and Service Tax Appellate Tribunal. The tribunal by following the decisions of the Supreme Court in the case of JK COTTON SPINNING AND WEAVING MILLS CO. LTD. , reported in 1997 (91) ELT 34 and also THE COMMISSIONER OF central EXCISE, COIMBATORE VS. JAWAHAR MILLS LIMITED reported in 2001 (132) ELT 3 has held in favour of the assessee by allowing the appeal. The correctness of the said order is now put in issue before this Court.