UNION OF INDIA Vs. NICHOLAS PIRAMAL INDIA LTD

JUDGEMENT

(1.) THIS is an application made under Section 35h (1) of the Central Excise Act, 1944 by the Commissioner Central Excise and Customs, seeking for direction to call for the substantial question of law for being answered by this court. A prayer is thus made to direct the Tribunal to send for the question of law which according to applicant does arise out of the impugned appellate order of the CEGAT passed on 21-12-1999 bearing No. A/1434/99-NB/sm/ in Appeal No. E/595/99-NB (S) [2000 (118) E. L. T. 408 (Tribunal)]. So the short question that arises for consideration in this application is whether any case is made out for calling the question of law by giving direction to the Tribunal i. e. CEGAT to draw a statement of case and refer the question proposed by the applicant or any other question arising out of the impugned appellate order?

(2.) HEARD Shri V. Zelawat, learned Standing Counsel for Union of India and Shri N. K. Dave, L/c for the respondents.

(3.) THE question that really arises for consideration in this application and which was subject matter before the departmental authorities is whether the assessee is entitled to claim Modvat credit under Rule 57q on goods called or known as Spectrophotometer and Teflon Spacer. In other words the question that arises for consideration is whether authorities below were justified in holding or/and granting Modvat credit on the goods called "spectrophotometer and Teflon Spacer". It is essentially this question which was debated inter se parties giving rise to making of this application by the Revenue because the question was answered against the Revenue and in favour of Assessee (Respondent ).