1998 (6) TMI 165

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... er on taking Modvat credit in respect of electric wires and cables under Rule 57Q as capital goods the respondents herein are liable to be imposed with a penalty under Rule 173Q or not. 2. In order to examine the aforesaid question, brief facts which are relevant are given below. 3. The respondents herein took Modvat credit to the tune of Rs. 22,440/- in respect of the aforesaid goods under Ru .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... It is stated by the ld. Representative Sh. J.S. Sharma, Vice President of the respondent company that the matter has been kept in abeyance inasmuch as the question of admissibility of Modvat credit on electric wire and cables under Rule 57Q has been referred to larger bench by judgment of Single Member of South Regional Bench. 4. Ld. JDR Sh. A.M. Tilak submits that penalty under Rule 173Q(1)(bb .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f the Tribunal as capital goods on which Modvat credit is admissible. In this connection, he cites the following five judgments wherein the Modvat credit had been allowed :- (i) 1996 (88) E.L.T. 532 CCE v. Nova Udyog Ltd. (ii) 1997 (96) E.L.T. 170 (T) = 1997 (22) RLT 313 Ashoka Industries v. CCE (iii) 1997 (96) E.L.T. 167 (T) = 1997 (23) RLT 75 Jaypee Rewa Cement v. CCE (vi) 1997 (95) E.L. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X