Dsm Sugar Asmoli vs Commissioner Central Excise, … on 22 July, 2010

Court No. - 37

Case :- CENTRAL EXCISE APPEAL DEFECTIVE No. - 20 of 2008

Petitioner :- Dsm Sugar Asmoli
Respondent :- Commissioner Central Excise, C.C.E.C.-Ii
Petitioner Counsel :- Abhinav N. Trivedi,S.D. Singh
Respondent Counsel :- A.S.G.I.,Dr. Ashok Nigam,K.C. Sinha

Hon'ble Rajes Kumar,J.

Hon’ble Bharati Sapru,J.

A certified copy of the Tribunal’s order has been filed in Central Excise
Appeal No.53 of 2008. Filing of the certified copy of the order is dispensed
with.

Admit and connect with Appeal No.53 of 2008 on the substantial question of
law.

“WHETHER the Tribunal has committed an error of law in denying the credit
in welding electrodes solely on the ground that they are classifiable under
Heading 83 of Central Excise Tariff which is not covered under the definition
of Capital Goods.?”

Order Date :- 22.7.2010
L.F./6