9911796707
TMI Blog1998 (11) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... ion filed under the provisions of Section 35F of Central Excise Act, 1944, the applicants are seeking dispensation with the condition of pre-deposit of duty amount of Rs. 5,66,330/- denied to them as Modvat credit on the Cylinders and vacuum pumps used by them for filling of Oxygen Gas during the period June 1995 to August 1995. 2. Arguing on the application Shri N. Mookerjee, ld. Advocate submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... capital goods for Modvat credit by considering the same as equipment or part of plant used for processing goods. Reliance was also placed by the ld. Advocate on the Tribunal s decision in the case of C.C.E., Jaipur v. Santi Synthetics Ltd. reported in 1998 (97) E.L.T. 533 (Tribunal) = 1997 (20) RLT 689 (CEGAT-NZB). In the said decision voltage stabiliser and voltage regulator used as components of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roducing or processing of any goods or bringing about any change in any substance for the manufacture of final product. As the cylinders or the vacuum pumps in the instant case are used neither for producing or processing of any goods or for bringing about any change in any substance for the manufacture of final product the same would not get covered by the definition of capital goods as appearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings are not covered by the substituted Rule 57Q. As such he argued that though this amendment was brought on 23-7-1996 i.e., much after the period involved in the instant appeal, but the same has been held to be retrospective, the same would effect the eligibility of Modvat credit in the instant case. Accordingly he submitted that the stay petition filed by the applicants should be rejected. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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