CCE, RAIPUR Vs. PRAKASH INDUS.

JUDGEMENT

(1.) Although this matter is listed today for mention, with the consent of both the sides it is being taken up for final disposal.

(2.) The matter relates to the modvat credit on capital goods in terms of Rule 173 -Q of the Central Excise Rules 1944. In the impugned order, the modvat credit had been allowed in respect of the goods mentioned at serial no. a to k in para 3.1 of the statement of facts. The respondents, M/S Prakash Indus. Ltd. had also file cross -objections and the modvat denied in respect of the items mentioned in the grounds of cross -objections has been challenged.

(3.) Both the sides agreed that this matter was pending awaiting the Larger awaiting the Larger Bench decision of the Tribunal and that the said decision has since been rendered by the Tribunal in the case of Commissioner of Central Excise, Indore vs Surya Roshni Ltd., 2001 (42) RLT 817 (CEGAT -LB), the matter could be sent back to the jurisdictional adjudicating authority for decision afresh both with regard to the items mentioned in the appeal by the Revenue and those mentioned by the respondents in their cross -objections.