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TMI Blog1998 (11) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... led by the Revenue, the issue for consideration is whether the credit of the duty paid on the Fork Lift Truck received by the respondents M/s. Kitply Industries Ltd. prior to 16-3-1995 was eligible under the provisions of Rule 57Q of the Central Excise Rules, 1944 (hereinafter referred to as Rules). The respondents had filed a declaration under Rule 57D of the Rules on 16-1-1995 and had claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, Advocate. I have gone through the facts on record. 3. Shri S.N. Ghosh, JDR submitted that it was only from 16-3-1995 that `Fork Lift Truck became eligible for Modvat credit under Rule 57Q of the Rules and that admittedly the goods had been received in the year 1994 and that no retrospective effect could be given to the Notification dated 16-3-1995. It was his submission that the `Fork Lift T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ondents were engaged in the manufacture of plywood and were required to handle heavy raw material in the shape of wood, logs, veneer and other in-process materials. The Tribunal in the case relied upon by the Commissioner (Appeals) observed that the term `capital goods had to be read in the context of the use of the equipment in the assessees factory. What has to be seen is whether the equipment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and from the facts on record, it is clear that the `Fork Lift Trucks in question were used to handle raw materials and in-process materials. 7. Ld. Commissioner (Appeals) has taken a view after referring to the Tribunal s decision and in the facts and circumstances of the case, I do not find any ground to interfere with the view taken by her. 8. Taking all the relevant facts and circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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