1998 (1) TMI 174

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..... owri Shankar, Member (T)]. Application is for waiver of deposit of duty totalling Rs. 4.31 lacs and penalty of Rs. 43,000/-. 2. Representative for the applicant says that the demand follows on the finding of the Commissioner that cement, iron and steel, structural and cables are not capital goods, for the reason that, they form part of the plant and the plant being immovable property is no .....

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..... der does not appear to have considered whether the cement and steel would be part of a plant, which was specified as capital goods in the rule. There is no requirement that the capital goods specified in Rule 57Q must necessarily be excisable goods. The later decision in stay order of the Tribunal in Llyods Steel Industries Ltd. v. Collector of Central Excise Order No. 1466-67/96 is relevant. Bala .....

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