9911796707
TMI Blog1999 (10) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... posal of their appeal on merits. 2. I have heard learned JDR Mrs. Aruna Gupta and have perused the papers. 3. The appeal arises from Order-in-Appeal dated 15-10-1997 passed by Commissioner (Appeals), Trichy, denying the appellants. Modvat credit on two items viz., (i) Graphite Blocks and (ii) Synthetic Filter Fabrics under Rule 57Q of the Central Excise Rules, 1944. 4. The Commissioner (Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l products and as such graphite block would be eligible for credit. 5. As regards the other item viz., synthetic filter fabrics, the Commissioner (Appeals) had observed that "Sythetic Filter Fabrics, is part of filter equipment which is used for manufacture of ammonium para tungstate and tungsten oxide. This is used for filteration of processed material. Therefore capital goods credit is not ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered the submissions and have perused the records. As regards eligibility for Modvat credit under Rule 57Q for graphite blocks, I find that the Commissioner (Appeals) has himself given the finding that graphite blocks (though described as carbide blocks) are used for making boats (containers) which are used inside the furnace for keeping the processed material. The further findings of the Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilter fabrics also, the Commissioner (Appeals) has himself observed that the said item is used for filteration of processed material. His further finding that credit is not available to the said items as capital goods appears to be inconsistent with his finding that synthetic filter fabrics is used for the manufacture of ammonium para tungstate and tungsten oxide. I am, therefore, inclined to acce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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