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TMI Blog2000 (1) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... erence Application filed by the Commissioner of Central Excise, Jaipur for referring the following question of law to the Hon'ble High Court of Rajasthan arising out of Tribunal s final order No. A/1047/NB (SM), dated 6-5-98 [1999 (106) E.L.T. 317 (Tri.)] Whether the storage tank for the purpose of storing raw materials is eligible to Modvat credit as capital goods within the menaing under Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not covered by the explanation to Rule 57Q of the Central Excise Rules. The adjudication order was confirmed by the Commissioner (Appeals) holding that at the relevant time the definition of capital goods did not cover the storage tanks; that, however, the Tribunal has allowed the capital goods credit in respect of storage tank holding that the Hydrofluoric Acid which is corrosive in nature ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Bansali Engineering Polymers v. C.C.E., Indore reported in 1999 (35) RLT 841. 3. I have considered the submissions made by the Ld. D.R. and perused the records. I agree with him that a question of law is involved in interpreting the meanaing of capital goods as given in explanation to Rule 57Q at the material time. I, therefore, allow the Reference Application and refer the following qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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