COMMISSIONER OF CENTRAL EXCISE Vs. BIHAR TUBES LTD.

JUDGEMENT

(1.) The above captioned appeals have been preferred by the Revenue against a part of the impugned order dated 8 -5 -2002 of the Commissioner (Appeals) vide which he had allowed the deemed Modvat credit of various amounts to the respondents, as detailed therein. Since the issue involved in all these appeals is common, these can be disposed of by one order.

(2.) In all these appeals, the respondents availed the deemed Modvat credit of various amounts as detailed in the show cause notice in terms of explanation to the Notification No. 58/97, dated 30 -84997 and the Board's Circular No. 331/47/97 -CX, dated 30 -8 -1997. The plea of the Revenue is that, the deemed Modvat credit could be claimed only on the actual price of the goods excluding freight, insurance, sales tax and other charges, although indicated in the invoices of the respondents as those charges could not form the invoice price of the goods.

(3.) On the other hand, the respondents had taken the stand that the invoice price for the purpose of allowing deemed Modvat credit had been defined by the Board itself in the Circular No. 331/47/97 -CX, dated 30 -8 -1997 read with Explanation to the Notification No. 58/97, and they had taken the Modvat credit accordingly.