9911796707
TMI Blog1999 (7) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... olved in this appeal filed by M/s. Bhilwara Spinners Ltd. is regarding the admissibility of capital goods credit under Rule 57Q in respect of the following goods :- (i) Electric Wires Cables, (ii) Speed Variator, (iii) Limit Switch, (iv) M.C.B. 10.00 Double O/c 2. The Assistant Commissioner disallowed the capital goods credit, under order dated 13-11-96, holding that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les supply electric power to machinery which is used in the process of manufacture of final goods; that without the power supply the machine will not function and production will not be possible; that this clearly depicts that cables are the items which are used for production; that a Reference to Hon ble High Court will not make the decision of the Tribunal not applicable as no contrary view has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aptital goods credit under Rule 57Q of the Central Excise Rules. The Tribunal after refering to the Supreme Court s decision in CCE v. Indian Farmers Fertilizer Coop. Ltd., 1996 (86) E.L.T. 177 (S.C.), J.K. Cotton Spg. and Wvg. Mills Co. Ltd. v. STO, 1997 (91) E.L.T. 34 (S.C.) and Gujarat High Court s decision in Industrial Machinery Manufacturing (P) Ltd., held that it will not be possible and c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the ratio, the capital goods credit is available to the appellants in respect of wires and cables and speed variator. However, the capital goods credit is not available to them in respect of limit switch and MCB as they have not substantiated their contention that these goods are used for producing or processing of any goods. Taking into consideration the facts and circumstances of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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