9911796707
TMI Blog1999 (8) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... . Therefore, the only appeal for consideration before me is the revenue appeal against order-in-appeal allowing modvat credit on 12 items to the present respondents. 3. Heard Shri S. Kannan, ld. JDR who submits that the Commissioner (Appeals) has allowed the modvat credit on these 12 capital goods after following the ratio of the decision of the Tribunal in the case of M.M. Forgings Ltd. as in 1997 (89) E.L.T. 617 (Tribunal) = 1996 (67) ECR 93 (T) wherein it was decided that Rule 57Q has to be read with Rule 57S for the purposes of determining the eligibility of modvat credit of capital goods. As against this, the Tribunal in an earlier decision in the case of Velathal Spinning Mills had taken a contrary decision. Ld. DR further submits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supra the Tribunal had relied on the decision of Hon ble Supreme Court in the case of Rajasthan State Chemicals Works Ltd., and therefore since the decision in M.M. Forgings Ltd. was based on a decision of the Hon ble Apex Court, it would have greater value than the decision in the case of M/s. Trichy Distilleries Chemicals Ltd. relied upon by Revenue in their grounds of appeal. He further submits that the Tribunal Final Order No. 646/96 dated 16-4-1996 in Velathal Spinning Mills relied upon by the Tribunal in their decision of Trichy Distilleries Chemicals Ltd. was an order which was given by Tribunal much earlier to their decision in the case of M.M. Forgings which was vide Final Order No. 830/96, dated 22-5-1996 [1997 (89) E.L.T. 617 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court against the rejection of their reference application on the decision of M.M. Forgings by this tribunal. 8. As far as the second ground is concerned, merely because Revenue is filing a RCP before the High Court against the rejection of their reference application by this Tribunal pertaining to the decision of this Tribunal in the case of M.M. Forgings supra, does not in any way affect the current validity of the Tribunal decision in that case and which remains good law, not having been upset by any Superior authority so far. I therefore find that there is no merit on this ground contained in the Revenue appeal. 9. As far as the ground that there are contradictory decisions by the Tribunal as noted above, I find that the Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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