1992 (4) TMI 147

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nsidered by me and in exercise of the powers conferred on me under Section 35F of the Central Excises and Salt Act, 1944, I had rejected the stay and directed the appellant to deposit a sum of Rs. 60,775/- with the jurisdictional Assistant Collector, within three weeks of the receipt of the order. The appellants have accordingly reversed the Modvat Credit in their RG 23A Part II account to the ext .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rkar, Excise Consultant appeared. He reiterated the written submissions. He further submitted that the steel shots are - (1) required to make the goods marketable and in the light of the judgment of the Hon ble Supreme Court in the case of M/s. Eastend Paper Industries Ltd. reported in 1989 (43) E.L.T. - 201 (S.C.) modvat credit is admissible. (2) an essential ingredient necessarily used in or .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he oral and written submission. I cannot agree with the appellants contention that Plant/equipment/Machinery etc. should fall under the category of Capital Goods to be excluded from availment of Modvat credit. This is evident from the judgment of the Hon ble Tribunal in the case of M/s. Steel Authority of India Ltd. reported in 1989 (43) E.L.T. 598 (SRB) wherein it is held that Interleaving Kr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X