CENTURY ENKA LTD. Vs. COMMISSIONER OF CENTRAL EXCISE,

JUDGEMENT

(1.) The question involved is that the material equipment purchased by the assessee is entitled for modvat credit under rule 57Q of the Central Excise Rules. The issue is settled in favour of the assessee by the large bench decision of the Tribunal in the case of Jawahar Mills v. CCE, Coimbatore 1999 (108) ELT 47. The department took the matter on appeal to the Supreme Court which by its judgment reported in the case of CCE, Coimbatore v. Jawahar Mills 2001 (132) has affirmed the judgment o the Tribunal. Hence I allow the appeal of the assessee before me and hold that they are entitled to modvat credit on forklift truck, and order consequential benefit, setting aside the impugned order. (Dictated in Court)