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TMI Blog1988 (1) TMI 249X X X X Extracts X X X X X X X X Extracts X X X X ..... ayyar, JDR, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - The captioned appeal has been filed against the order of Commissioner (Appeals) holding that no Modvat credit is admissible on Hydrant Valves and Instrument Cables. 2. The facts of the case are that the appellants are engaged in the manufacture of synthetic rubber and various other products. They are availing the ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ables are capital goods and covered under Rule 57Q." The learned Counsel submits that this view has further been followed by the Tribunal in some other decisions. He submits that their case for taking Modvat on Instrument cables is fully covered by the decision of this Tribunal in the case of CCE v. Nova Udyog Limited. 4. Insofar as Hydrant Valves are concerned, the learned Counsel summits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of capital goods given in the explanation it does not show that electrical cables and wires are covered by the explanation under Rule 57Q. He refers to the case law wherein it was observed that the words are to be read in the company they keep and that if so read wires and cables (Instrument wires) will not fall in the category of capital goods. 7. Insofar as Hydrant Valves are concerned, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for the manufacture of rubber and other products. They are, thus, parts of the machine and are covered by the explanation under Rule 57Q.
10. Having regard to above findings, we hold that Modvat credit will be admissible to the appellants on the above two items. In the result, the appeal is allowed with consequential relief in accordance with law. X X X X Extracts X X X X X X X X Extracts X X X X
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