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TMI Blog1996 (12) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... uxes used in the preparation of sand moulds which are further used in the manufacture of valves and cocks. The Department is of the view that foundry fluxes and other chemicals are used in the manufacture of sand moulds only and when [molten] metal is poured into these moulds and allowed to cool down, they are broken to take out the crude casted parts of valves and cocks. As such, Department claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Department preferred appeal against order of the Collector (Appeals) in the Tribunal. The Tribunal took note of the decisions rendered in case of W.S. Industries (India) Ltd. v. C.C.E. reported in 1991 (56) E.L.T. 267, Mysore Kirloskar Ltd. v. C.C.E. reported in 1990 (50) E.L.T. 175 (Tribunal) and Shivaji Works Ltd. v. C.C.E. reported in 1990 (50) E.L.T. 50. The Tribunal, however, relied upon t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto consideration is already settled and therefore no question of law meriting reference to Hon ble High Court arise. 5. Against that order Revenue preferred application before Hon ble High Court of Punjab and Haryana and the Hon ble High Court was pleased to hold that the question sought is purely a question of law and therefore and directed the Tribunal to refer following question of law for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 991 (56) E.L.T. 267 held that plasters of paris moulds used in the manufacture of ceramics are only tools or appliances for which benefit of Modvat credit is not available. In the decision reported in 1992 (38) E.C.R. 361 in case of C.C.E. Chandigarh v. Leader Engineering Works - 1993 (63) E.L.T. 687, the Tribunal have held that sand moulds and cores for manufacture of metal cocks/valves are entit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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