ORDER
G.N. Srinivasan, Member (J)
1. When the application came up for hearing it is found that the appeal itself could be disposed of and it was taken with the consent of DR after waiving predeposit.
2. The departmental representative reiterated the impugned order.
3. The issue involved in this stay petition is grant of modvat credit under Rule 57Q of the Central Excise Rules, 1944, relating electrical items.
The issue has been settled by Larger Bench decision of the Tribunal in the case of Jawhar Mills Ltd. Vs. Commissioner of Central Excise, Coimbatore [1999 (108) ELT 47 (Tribunal)] confirmed by further Larger Bench decision in the case of Commissioner of Central Excise, Indore Vs. Surya Roshni Ltd. [2001 (42) RLT 817 (CEGAT-L.B.] case. Moreover the division Bench of the Madras High Court in the case of Siv Industries Ltd. Vs. Commissioner of Central Excise, Coimbatore [2001 (129) ELT 48 (MAD).] has also held in the same way. Hence following the same, I set aside the impugned order and decide in favour of the assessee order in grant of modvat credit in respect of the items in demands. I also order consequential relief if any according to law. Appeal as well as stay petition also stand disposed of.
(Pronounced in Court)