2004 (5) TMI 466 - AT - Central Excise

Summary

Issues:
Stay of operation of Commissioner (Appeals)'s order regarding availment of Modvat credit for capital goods received before 16-3-95.

Analysis:
The case involved a stay petition by the Revenue seeking to stay the operation of the Commissioner (Appeals)'s order related to the availment of Modvat credit for capital goods received in the factory before 16-3-95. The Commissioner (Appeals) based his decision on various Tribunal judgments, including a Larger Bench decision in the case of Jawahar Mills Ltd. v. CCE - 1999 (108) E.L.T. 47. The Revenue argued for a stay, mentioning a pending reference application before the High Court of Andhra Pradesh on the same issue. However, the Respondent's Counsel contended that the Commissioner (Appeals) correctly followed the Larger Bench judgment, making a stay unnecessary.

Upon considering the arguments, the Tribunal noted that the Commissioner failed to provide sufficient grounds for granting a stay, merely stating the involvement of a substantial question of law. The Revenue's plea for a stay was based on the pending reference application before the High Court, which was deemed insufficient justification for a stay of the impugned order. Consequently, the Tribunal rejected the stay application, finding no merit in it. The appeal was scheduled to proceed for hearing in due course.