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TMI Blog1999 (6) TMI 258X X X X Extracts X X X X X X X X Extracts X X X X ..... td., Mahad (hereinafter referred to as 'appellants') have availed of Modvat credit on Electric Motors, Diesel generating Set, UPS System, Boost charges, Capacitor and Batteries under Rule 57Q of Central Excise Rules, 1944, during period March, 1995. 2. The adjudicating authority denied the credit on the ground that the above said items which are not used for producing or processing of any goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d useless. Hence this stand by device is essential. I find that the Hon'ble Tribunal in case of M/s. J.K. Pharma Chem. Ltd. v. Commissioner Central Excise, Tiruchirapalli reported in 1998 (102) E.L.T. 488 (Tribunal) held that the U.P.S. similar in function to generating set. The UPS if integrated with main equipment in which process is carried out, then the Modvat credit is admissible under Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that all the items mentioned above are spare parts of machinery/machines which are essential in producing or processing of final products. The Tribunal in case of Collector v. M/s. Nova Udyog Ltd. - 1996 (88) E.L.T. 532 (Tribunal) held that Modvat on capital goods is not confined to items which brings about change but also it is available to components and accessories which help or assist in the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra reported in 1983 (4) SCC 392 are relevant in the instant case wherein the Supreme Court laid down that if any amendment was being brought forward by the Finance Minister, his speech justifying the amendment would be relevant as it would throw considerable light on the budget and the purpose of amendment and his speech would be a proper aid to as correct interpretation of the words in this amend ..... X X X X Extracts X X X X X X X X Extracts X X X X
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