CCE Vs. GOOD LUCK STEEL TUBES LTD.

JUDGEMENT

(1.) These are appeals of the Revenue against the common order passed by the Commissioner (Appeals) in two appeals preferred to him by the assessee aggrieved by two different orders of the original authority. By the impugned order, the Commissioner (Appeals) has allowed deemed Modvat credit totalling to Rs. 5,68,693 to the respondents covering the period December' 97 to June 99. Ld. Commissioner (Appeals) has relied on the Board's Circular No. 331/47/97 -CX dated 30.8.97 to hold that the assessee was entitled to take; deemed Modvat credit under Notification No. 58/97 -CE(NT) on inputs supplied by the manufacturer thereof working under the Compounded Levy Scheme of Section 3A of the Central Excise Act, to the extent of 12% of the invoice price of the said goods, which was not inclusive of the sales tax, handling charges and the like.

(2.) In the present appeal, the department has complained to the effect that the Board's Circular ibid was not properly understood by the lower appellate authority. According to the appellant, the invoice price of the goods should include freight, insurance, sales tax, etc. in addition to the actual price of the goods.

(3.) Ld. JDR has reiterated this ground today.