CUSTOMS, EXCISE AND GOLD (CONTROL) APPELLATE TRIBUNAL, NEW DELHI
S.S. KANG, V.K. Agrawal, JJ.
Commissioner of Central Excise, New Delhi-III -Appellant
Versus
Jindal Rolling Mills -Respondent
Final Order No. A/78/2002-NB Appeal No. E/979/2000-NB, A/78 of 2002, E/979 of 2000
Decided On : 03-12-2001
Per V.K. Agrawal :
The issue involved in this appeal, filed by the Revenue, is whether Modvat Credit of the duty paid on Rough Rolls is admissible to M/s. Jindal Rolling Mills.
2. When the matter was called no one was present on behalf of the Respondent inspite of notice nor there was any request for adjournment of the hearing. We observe that in the past also when the matter was posted on 22.6.2001 and 19.9.2001 no one was present on behalf of the Respondents. We have, therefore, taken up the appeal for hearing after hearing Shri Ashok Kumar, learned D.R., and perusing the records.
3. The learned D.R. submitted that the Modvat Credit was not available on rough rolls; that the finished rolls are not inputs of finished goods but are parts of the machinery and hence, are capital goods; that the benefit of Notification No. 281/86 dated 24.4.86 and 217/86 dated 2.4.86 is not admissible; that the benefit of Notification No. 67/95 dated 16.3.95 is also not available.
4. We have considered the submissions of the learned D.R. and perused the records. We observe from the impugned Order that the Commissioner (Appeals) had extended the benefit of Notification No. 281/86 following the ratio of the decision in the case of Modela Steels
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