COMMISSIONER OF CENTRAL EXCISE Vs. LAKSHMI MACHINE WORKS

JUDGEMENT

(1.) THIS reference application arises from the Final Order No. 1759/98, dated 4 -9 -1998 by which the Tribunal held that the issue pertaining to grant of Modvat credit on Dimensional Universal Machine and Digital Height Gauge are required to be extended under Rule 57Q and the said machines are to be treated as capital goods. While arriving at this conclusion, the Tribunal has followed the ratio of the Gujarat High Court judgment rendered in the case of Industrial Machinery Manufacturers Pvt. Ltd. as reported in 1965 Vol. XVI STC 380 and that of Calcutta High Court's judgment rendered in the case of Avery India Ltd. v. CTO as reported in 1983 (52) STC 297 (Cal.). Further reference was made to the Hon'ble Apex Court's judgments as noted in the order itself.

(2.) THE Revenue seeks for reference of the following question to the Hon'ble High Court of Madras for its opinion : -

(3.) HEARD both sides in the matter.