CCE, JAIPUR Vs. SHREE CEMENT LTD., BEAWAR

JUDGEMENT

(1.) THIS appeal filed by the Revenue is directed against the order of the Commissioner (Appeals) holding lubricating oils and greases to be eligible for Modvat credit under Rule 57A of the Central Excise Rules for the period March 1997. The main ground raised by the appellants is that lubricating oils and greases were notified for the first time as eligible capital goods under Notification No.6/97 -CE(NT) dated 01.03.1997 for the purpose of availment of Modvat credit under Rule 57Q(1) of the Central Excise Rules and therefore these goods could not be considered to be eligible for any Modvat credit for any period prior to 01.03.1997. Ld SDR Shri M.D.Singh has emphatically pressed this ground of the appeal for consideration. I am not impressed. A Larger Bench of the Tribunal had considered the entire gamut of the issue in the case of CCE Vs Modi Rubber Ltd and Others. [2000 (38) RLT 718]. The Bench held that lubricating oils and greases were eligible inputs for availment of Modvat credit under Rule 57A prior to 01.03.1997. The respondents have in their written submissions relied on the decision of the Larger Bench and have prayed for upholding the impugned order of the Commissioner (Appeals).

(2.) I have considered the submissions of ld. SDR as well as the written submissions of the respondents and I have already noted my view in the matter.

(3.) IN view of the above, the Revenue's appeal is bereft of merit and the same is rejected.