Aqua Alloys Pvt. Ltd. vs Commissioner Of Central Excise, … on 20 September, 2001

JUDGMENT

Gowri Shankar, Member (Technical)

1. The appeal is admitted.

2. Duty of Rs. 12,900/- has been demanded on the ground that ramming mass is not eligible for modvat credit under Rule 57H.

3. The Commissioner (Appeals) notes the existence of conflicting views with regard to the goods under consideration – one view holding that these are capital goods, and the other that these are inputs. The fact that there are conflicting views on the issue itself, would show that the issue is debatable. I, therefore, waive deposit of the duty demanded and stay its recovery.