NOVARTIS INDIA LIMITED Vs. CCE

JUDGEMENT

(1.) The above appeal arises out of the order of the Commissioner of Central Excise (Appeals) upholding the order of the Assistant Collector who has disallowed modvat credit of Rs. 16,45,976/ - on the ground that they utilised the modvat credit taken on inputs used in the manufacture of excisable goods falling under Chapter 29 (bulk drugs) towards payment of duty on goods falling under Chapter 30 (formulations) of the Schedule to CETA, 1985.

(2.) On hearing both sides we find that the issue in dispute stands settled in favour of the assessees by the Tribunal's decision in their own case as Sandoz (India) Ltd. v. CCE, the present appellant was earlier known as Sandoz (India) Ltd. The relevant extracts of the Tribunal's decision are reproduced below:

(3.) Following the ratio of the above decision which is applicable on all fours to the present affairs we set aside the impugned order and allow the appeal with consequential relief, if any, due to the appellants in accordance with law.