1 cexa131-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.131 OF 2006 M/s. Khandelwal Laboratories Ltd. ] a company incorporated under the ] Companies Act, 1956 and having its ] Office at Wagle Industrial Estate, ] Plot No.106-107, Road No.21,Opp. ] Central Bank Bldg.,Next to Toyata ] Show Room, Thane. ] ..Appellant. V/s. The Commissioner of Central Excise, ] Meher Building, Dadi Seth Lane, ] Chowpatty, Mumbai- 400 007. ] ..Respondent. Mr. Prakash Shah with Jas Sanghvi i/b. PDS Legal for appellant. Mr. A.S. Rao for respondent. CORAM : J.P. DEVADHAR AND R.M. SAVANT, JJ. DATED : 8TH DECEMBER, 2010 ORAL JUDGMENT (PER J.P. DEVADHAR, J. ) 1. This appeal was admitted on 29/11/2006 on the following 2 cexa131-06 questions of law :- (a) Whether the Appellate Tribunal was right under the facts and circumstances, in holding that the appellants are not entitled to Modvat credit on inputs on the basis of the Bills of Entry under which they were imported and which contained the declaration that the imported inputs were to be used in the factory of the appellants ? (b) Whether the Appellate Tribunal is right in holding that the decision of the Larger Bench of the Appellate Tribunal in the case of Balmer Lawrie & Co. V/s. CCE [2000 (116) ELT 364] and deny the credit to the appellants herein ? (c) Whether the Appellate Tribunal is right in holding that the declaration made on the triplicate copy of the Bill of Entry that the credit will be taken at the applicant's factory which is endorsed by the officer of Customs is not sufficient for the purpose of appellants availing the Cenvat Credit of the duty paid on the inputs imported by M/s. German Remedies Ltd. (for short GRL) and supplied to the appellants for the manufacture of medicines on loan licence basis ? (d) Whether the Appellate Tribunal was right in denying the benefit of Circular No.441/7/99 for the imported inputs received prior to the issue of the said circular based on enclosed bill of entry ? 2. Counsel on both sides state that in the light of the decision of this Court in Margmagao Steel Ltd. V/s. Union of India reported in 3 cexa131-06 2005 (192) E.L.T. 82 (Bom.), the matter needs reconsideration. In this view of the matter, the order of the CESTAT dated 06/12/2005 is quashed and set aside and the matter is restored to the file of the Tribunal to decide the appeal No.E/1805/2000-Mum afresh and in accordance with law, as expeditiously as possible and preferably within a period of 6 months from today. The appeal is disposed of accordingly with no order as to costs. (R.M. SAVANT, J.) (J.P. DEVADHAR, J.)