NAVA BHARAT FERRO ALLOYS LTD Vs. CCE

JUDGEMENT

(1.) THIS appeal arises from order in appeal No. 114/99(H -III) -CE and 22.11.1999 passed by the Commissioner (Appeals), Hyderabad who has held that the appellants are not entitled to the benefit of Modvat Credit on copper wire rope, copper strip and HSD oil in terms of Rule 57Q of the CE Rules, 1944.

(2.) SHRI C. Chidananda Rao, learned Consultant appearing for the appellants submits that does not press for the credit on HSD oil in view of the Finance Act, 2000 making it retrospectively applicable and therefore, not granting credit in respect of HSD oil. The larger Bench of the Tribunal in the case of Chemo Pump Tissues and Ors. v. CCE as reported in 2000 (38) RLT 1988 : 2000 (89) ECR 422 (T) has noted the retrospective applicability of the Finance Act, 2000 in this judgement.

(3.) HE submits that as regards the other two items are concerned, i.e. copper wire rope and copper strip, the Tribunal has held that the benefit is required to be extended to both these items as held in the case of Jawahar Mills Ltd. v. CCE as . He submits that the issue is covered in respect of these two items in favour of the assessee. He submits that the benefit is required to be extended to these two items in terms of the said citation.