LAWS(P&H)-2010-3-414

COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH Vs. PRAGATI STEELS

Decided On March 19, 2010
COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH Appellant
V/S
PRAGATI STEELS Respondents

JUDGEMENT

(1.) The Customs, Excise & Service Tax Appellate Tribunal, New Delhi vide its order dated 4-8-2004, has referred the following question of law for adjudication by this Court :-

(2.) After hearing the counsel for the petitioner-Department, we are of the considered opinion that the the assessee would be entitled to deemed modvat credit on the basis genuine invoices which were 20 in number in the present case and would not be entitled to any credit against those invoices for which no declaration whatsoever had been mentioned.

(3.) Thus, the question referred is answered in the aforementioned terms.