JUDGMENT
Archana Wadhwa
1. After rejecting the stay petitions filed by the Revenue, we take up the appeals itself inasmuch as the issue is decided against the Revenue by the Supreme Court’s decision.
2. The short issue involved in the present appeal is eligibility of wires and cables as modvatable capital items. The Revenue has challenged the impugned order of the Commissioner (Appeals) allowing modvat credit on wires and cables as capital goods on the ground that the same cannot be considered as capital goods under rule 57Q because they do not produce, process or bring out any change in substance. However, we find that the Tribunal’s larger Bench decision in the case of Jawahar Mills ltd. has been confirmed by the Hon’ble Supreme Court, when the appeal filed by the Revenue against the said order was dismissed, as reported in 2001(45)RLT 739(SC). Inasmuch as the issue has been decided by the Hon’ble Apex Court we do not find any merits in the Revenue’s appeal and reject the same. Stay petitions also get disposed of.
Dictated in the court.