9911796707
TMI Blog1998 (4) TMI 242X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellant. Shri Lakhinder Singh, DR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - In this case, the applicants are contesting the denial of Modvat credit of a sum of Rs. 1,66,998/-. Out of this amount, Modvat credit of Rs. 1,27,775/- has been denied on the ground that the items in question are not capital goods within the meaning ascribed thereto in the explanation to R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of machines/machinery used for the purpose of producing or processing the final products. He submits that the Tribunal has already held that Transformers, Static Converters and Current carriers are capital goods entitled to credit. Regarding copper wire, he submits that this is used for re-winding of motors required for running pumps and fans and blowers and there is no reason why the copper wires ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) E.L.T. 203] that Rule 57T does not stipulate that credit can be taken only on duplicates and this decision of the Tribunal has been followed in the case of Lupin Laboratories (Final Order No. 107/98-NB, dated 3-3-1998). He therefore, submits that the appellants have made out a prima facie case for waiver of the duty amount and penalty is also not warranted and therefore, the requirement of pre- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in detail when the appeal is taken up for hearing and it is debatable as to whether these items can be considered as capital goods and therefore, we direct the appellants to deposit a sum of Rs. 27,017/- being the amount of credit involved on the items (other than Transformers, Static Converters, Arm Cable and Final Washing Assembly/HCL Tail Gas Assembly) within a period of four weeks from the dat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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