COMMR. OF C. EX. Vs. GILLETTE INDIA LTD.

JUDGEMENT

(1.) This appeal has been preferred by the revenue under Section 35H(1) of the Central Excises and Salt Act, 1944 (in short, "the Act") against the orders, dated 9-2-2004 [(2004 (175) E.L.T. 339 (Tri.-Del.)] and 26-3-2004, Annexures P. 7 and P. 8 passed by the Customs Excise and Service Tax Appellate Tribunal, New Delhi (in short, "the Tribunal"). On 24-1-2005, the appeal was admitted to consider the following substantial questions of law:-

(2.) Learned counsel for the revenue submitted that the assessee was not entitled to refund of Modvat credit in terms of Rule 12(1)(a) or 13 or Rule 57F(13) of the Rules. He relied upon the findings recorded by the Assessing Officer as well as the Commissioner (Appeals).

(3.) On the other hand, learned counsel for the assessee relied upon judgment of the Bombay High Court in Associated Aluminium Industries Pvt Ltd. Vs. Union of India, and urged that the assessee was entitled for benefit of refund of Modvat credit in terms of Rules 12 and 13 of the Rules and the same was to be refunded to the respondent under Rule 57F(13) of the Rules.