M.M. RUBBERS Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) Whether the assessee can avail Modvat credit as well as S.S.I, exemption is an issue to be' considered herein. We find that the issue involved herein has already been considered and concluded by the Larger Bench in case of Franco Italian Co. Pvt. Ltd. v. Commissioner of Central Excise, Mumbai . In that case it was held that -

(2.) In view of this settled position, we accept the contention of the party. Accordingly the appeal is allowed with consequential relief, if any.