2001 (7) TMI 616

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..... nufacture cotton yarn falling under Tariff Heading 5203 of the Schedule to the Central Excise Tariff Act, 1985. During the period April, 94 to June, 94 they availed Modvat credit on capital goods under Rule 57Q of the Central Excise Rules, 1944 which is denied to them by the Assistant Commissioner of Central Excise, Jalandhar vide his order dated 27-11-1998. 2. On appeal, the Commissioner (Appea .....

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..... the stabilizer and uninterrupted power supply (UPS) which are essential for the proper functioning of the machines and equipments. 4. I have heard Shri J. Singh, JDR, for the Revenue and Shri Sidharath Sen, Advocate, for the respondents. I have considered the submissions made before me. The definition of the capital goods for the purpose of Modvat credit at the relevant time under Rule 57Q int .....

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..... d under Rule 57Q and such goods are used for producing or processing of any goods, or for bringing about any change in any substance for the manufacture of final product, such goods would be eligible for the credit provided for in Rule 57Q. It is further observed that in the absence of any specific requirement that the use should be directly in the production or processing of goods, the expression .....

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