9911796707
TMI Blog1998 (3) TMI 286X X X X Extracts X X X X X X X X Extracts X X X X ..... is is a reference petition on this Tribunal s Order-in-Order No. 775/1997, dated 26-3-1997. In the said order, the Hon ble Bench of this Tribunal have denied the Modvat credit on Wires Cables under capital goods. 2. Heard Shri J. Shankarraman, ld. Advocate for the petitioners. He submitted that there is a divergence of opinion between this Bench of the Tribunal and the Hon ble North Regional B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f settled legal position that when there are divergent decisions by various Benches of the Tribunal, particularly, with reference to the availability of Modvat credit on an item, therefore the question of law arises which has to be referred to the Hon ble High Court for resolution. He cited 1996 (83) E.L.T. 427 (T) - Rapsir Engineering and 1997 (89) E.L.T. 147 (T) - Raipur Alloys. Accordingly, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r settled law that in case of divergent opinion on the availability of any item to Modvat credit the question of law under Rule 57A or Rule 57Q, as the case may be, does arise. In 1996 (83) E.L.T. 427 and 1997 (89) E.L.T. 147 such matters were referred to the Hon ble High Court. The moot point for decision is whether in view of this Tribunal s decision to refer this divergence of opinion to the Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nation to Rule 57Q of Central Excise Rules, 1944 particularly when the scope of the term capital goods is very wide? 3. Whether the Appellate Tribunal is correct in holding that wires and cables are not capital goods particularly when the Finance Minister in his 1996 Budget speech has stated that he intends to clarify the scope of eligible capital goods by specifying tariff headings and sub-head ..... X X X X Extracts X X X X X X X X Extracts X X X X
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