2003 (10) TMI 196

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..... eals was engaged in the manufacture of excisable goods, part of which it cleared without payment of duty in terms of Notification No. 217/86 to another factory owned by it, in which such goods were used in the manufacture of excisable goods which were cleared on payment of duty. The assessees had availed of the Modvat credit facility and taken credit of the duty paid on inputs, used in the manufac .....

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..... ght to have reversed. The departmental representative also relies upon the decision of the Larger Bench of the Tribunal in Kirloskar Oil Engine v. C.C.E., 1994 (73) E.L.T. 835 and contends that the decision in Bajaj Tempo is pending before the Bombay High Court on an application made under Section 35G of the Act. 3. In the decision in Bajaj Tempo v. C.C.E., the Tribunal had concluded that the No .....

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..... scope of the notification was co-extensive with that of the Modvat scheme. 4. In Kirloskar Oil Engines v. C.C.E., 1994 (73) E.L.T. 835, the question that was referred to the larger bench of the Tribunal was whether the Modvat credit of duty paid on inputs used in the manufacture of the declared final product cleared without payment of duty in terms of exemption notification was required to be d .....

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