CCE Vs. DYNAMITE TECHNOLOGY

JUDGEMENT

(1.) Revenue is aggrieved with Order -in -Appeal No. 164/2002 (M -II) dated 7.11.2002 by which the Commr. (A) has allowed modvat credit in respect of aluminium waste and scrap (i.e. runners and risers) generated out of ingots during the manufacturing process sent to the job workers for conversion into ingots for use as inputs under Rule 57F(4) procedure without payment of duty. The Commissioner (Appeals) has followed the ratio of three judgments noted by him in the order. The findings recorded in para -5 of his order is extracted herein below:

(2.) Revenue contends in this appeal that the judgments are distinguishable and are not in consonance with the Board's Circular No. 2/93 -CX.8 (From File No. 261/76/2/88 -CX.8) dated 12.1.93.

(3.) Ld. Consultant submits that Larger Bench in the case of Wyeth Laboratories Ltd. v. CCE Bombay, 2000 (120) ELT 218 (T -LB) has already dealt with the above noted Board's circular and has still held that assessee is entitled to take modvat credit. He submits that the Larger Bench judgment fully applies to the facts of the case.