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TMI Blog1997 (1) TMI 251X X X X Extracts X X X X X X X X Extracts X X X X ..... s Mephelometer (3) Steel wire rope slings (4) Static inverter (5) DP Switch with ADSC Gland (6) Heating element 2. Shri Vijayaraghavan, learned Counsel for the respondents has pleaded that he is conceding the plea of the Revenue for denial of Modvat credit in respect of heating element used as an instrument for testing raw materials and also Nephelometer which is used as a testing instrument. We, therefore, allow the plea of the Revenue so far as these two items are concerned. 3. In regard to the other 3 items, the learned DR has pleaded that the lower appellate authority has allowed the benefit on the ground that these are used in relation to the manufacture of the notified finished product based on the subsequent amendment t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ork lift trucks in the appellants factory was accepted as has been envisaged in the judgment of the Hon ble Supreme Court. 2. Industrial process control instruments and spares. He has pleaded that these items and spares are used in conjunction with the main equipment in which the inputs are processed and the equipments are functionally related to these instruments. He has therefore pleaded that the nexus between the control instrument and the main equipment being there, the benefit should be allowed. 3. Static Invertor. He has pleaded that static [invertor] is used as an integral part of the process control instrument and is required to control the pressure in the boilers and is directly related to the functional operation which has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Venkataramaiya is as under : For. - The word for used with the active participate of a verb means for the purpose of . [See Judgment of Westbury, C., 1127.] For has many shades of meaning. It connotes the end with reference to which anything is done. It also bears the sense of appropriate or adapted to ; suitable to purpose . - Vide Black s Legal Dictionary; Indian Chamber of Commerce v. C.I.T., West Bengal, (1976) 1 S.C.C. 324 at p. 334 : (1976) S.C.C. (Tax.) 41 at p. 51. During and for are words which are very awkward in their application to payments and periods of payments . If you are describing something that is continuous and occupies a certain length of time, like a tenure, or like the presence in particular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing is done. It also bears the sense of appropriate or `adapted to ; suitable to purpose . [Vide Black s Legal Dictionary]. An activity which yields a profit or gain in the ordinary course must be presumed to have been done for profit or gain. Of course, an extreme case could be imagined where without intent or purpose an activity may yield profit. Even so, it may legitimately be said that the activity is appropriate or adapted to such profit . [Indian Chamber of Commerce v. C.I.T., (1976) 1 S.C.C. 324 at 334]. It is thus seen that the term for has got a wider import. The use of an item has to be considered in the context of process carried out in the factory so long as the item can be considered to be in the nature of capital goods ..... X X X X Extracts X X X X X X X X Extracts X X X X
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