TMI Blog2001 (3) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... .K. Jain, JDR, for the Respondent. [Order per : Jyoti Balasundram, Member (J)]. For the reasons recorded below we waive the pre-deposit of duty of Rs. 1,10,550/- and penalty of Rs. One lakh and stay recovery thereof and dispose of the appeal itself at this stage. 2. Credit of Rs. 61,200/- has been denied on the ground that this amount of credit has been taken by the appellants on the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nied on the ground that this is the credit taken on storage tanks which are not capital goods within the meaning of Rule 57Q and hence not covered by Notification No. 67/95 which exempts capital goods as defined in Rule 57Q manufactured in a factory and used within the factory of production. We find that the storage tanks are covered under the definition of capital goods having been manufactured i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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