2004 (3) TMI 690 - AT - Central Excise

Summary

Issues: Denial of Modvat credit on capital goods (plastic tubes) due to incorrect declaration under Rule 57T.

The judgment pertains to an appeal filed against the denial of Modvat credit on plastic tubes as capital goods, as the appellants declared plastic bobbins and cones instead. The appellants argued that both goods were the same, but the supplier erroneously described them as plastic tubes. The Tribunal noted that the appellants only declared plastic tubes, not bobbins and cones, in the Rule 57T declaration. The description discrepancy led to the denial of Modvat credit. The Tribunal rejected the appellants' claim, stating that the goods were distinct and classifiable under different Tariff Headings. The appellants' argument was deemed misconceived, as they did not raise it earlier in the proceedings. Consequently, the denial of Modvat credit was upheld, and the appeal was dismissed.