9911796707
TMI Blog2000 (8) TMI 389X X X X Extracts X X X X X X X X Extracts X X X X ..... re as follows : 2. The jurisdictional Asstt. Commissioner of Central Excise had disallowed Modvat credit to the extent of Rs. 72,336/- taken by the appellants on lubricants, caustic soda and organic surface-active agents during December 1995 to Jan. 1996. He had also imposed a penalty of Rs. 1,000/-. In separate proceedings, the Asstt. Commissioner disallowed Modvat credit of Rs. 48,737.37 take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the function of the goods in question in the process of manufacture of sugar. Ld. Advocate Shri Bipin Garg for the appellants submits that the issue whether lubricants are 'inputs' eligible for the Modvat credit under Rule 57A stands settled in favour of assessees by a decision of the Tribunal (Larger Bench) vide CCE v. Modi Rubber Ltd. [2000 (119) E.L.T. 197]. He further submits that the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... actory and therefore the ratio of the decision in the case of Rajasthan State Ganga Nagar Sugar Mills (supra) should apply with equal force to this question as well. Ld. Counsel has, therefore, prayed for setting aside the impugned order and allowing the appeals. 5. Ld. JDR has conceded that the modvatability of lubricants and caustic soda stands settled in favour of the assessees as per the dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory. Caustic soda was also used in an identical manner. This fact is also not disputed. This being the position, the ratio of the Tribunal's decision relating to caustic soda must equally apply to the appellants' case in relation to organic surface-active agents. I, therefore, hold that the organic surface-active agents used by the appellants for cleaning pipes and tubes, which were, in turn, used ..... X X X X Extracts X X X X X X X X Extracts X X X X
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