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2003 (8) TMI 153 - AT - Central Excise
Issues:
- Denial of Modvat credit on various capital goods for different periods. Analysis: 1. Appeal No. 1965/2002: - The MS tubes and pipes qualify as capital goods under Rule 57Q. - Various items used in Silo do not qualify as capital goods. - Decision: Appeal allowed in part. 2. Appeal No. 1966/2002: - Supporting Structure qualifies as eligible capital goods under Rule 57Q. - Decision: Appeal allowed. 3. Appeal No. 1967/2002: - Capital goods used in mines are not eligible for Modvat credit. - Coils used in mill/kiln qualify as capital goods. - Decision: Appeal allowed in part. 4. Appeal No. 2012/2002: - Monitors of the computer control system do not qualify as capital goods. - Monitors fall under a category not eligible for Modvat credit. - Decision: Appeal rejected. 5. Appeal No. 2013/2002: - Definition of 'capital goods' under Rule 57AA is restrictive. - Steel sheets/plates, Steel structure, and Asbestos rope do not fit the definition. - None of the items qualify as capital goods. - Decision: Appeal dismissed.
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