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TMI Blog2002 (2) TMI 845X X X X Extracts X X X X X X X X Extracts X X X X ..... ng (vi) Teeming Compound (vii) Hot Top (viii) Foundry Fluxes and Chemicals (ix) Castable Mortar (x) Nozzles (xi) Bars and Rods (xii) Graphite Stopper Heads 2. Examined the records and heard both sides. Ld. JDR Sh. H.C. Verma reiterates the grounds of the appeal. Ld. Advocate Sh. Siddharath Sen argues in support of the findings of the lower appellate, authority and relies on the following decisions of the Tribunal :- (i) Nahar International Ltd. v. CCE, Chandigarh [2000 (123) E.L.T. 767] (in support of the respondents' case that Teaming compound, Hot Top, Foundry Fluxes and chemicals and Graphite Stopper Head are eligible capital goods under Rule 57Q. (ii) Panchmahals Steels Ltd. v. CCE, Vadodara [2001 (138) E.L.T. 115 (T) = 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only after the amendment of Rule 57Q by Notification No. 11/95-C.E. (N.T.), dated 16-3-95 and, therefore, the credit taken on the goods in 1994 would not be admissible. The Revenue, however, appears not to have examined the question whether the goods would qualify to be capital goods for Modvat credit under the pre-existing provisions of Explanation (1) to Rule 57Q(1). Clauses (a), (b) and (c) of Explanation (1), which defined capital goods were in existence during the period of dispute (1994). The appellant has not attempted to examine the modvatability of any of these goods with reference to such provisions of the rule. The third and fourth grounds raised by the Revenue are to the effect that the Department has not accepted two of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... note that the items mentioned at Sr. Nos. vi, vii, viii and xii have been held to be eligible capital goods under Rule 57Q by this Tribunal in Nahar International Ltd. (supra). The item mentioned at Sr. No. iv viz. Lightning Arrestor has been found to be a part of the electrical equipment installed in the 66 KV Sub-Station, which controls the power supply to various equipments in the assessees's factory. Being an electrical item, it is squarely covered as an eligible capital goods by the Larger Bench decision of this Tribunal in Jawahar Mills Ltd. (supra) cited by ld. Counsel. In respect of MSW electrodes, the decision cited by the Counsel, however, does not appear to help the respondents. In the cited case, the electrodes, which were held ..... X X X X Extracts X X X X X X X X Extracts X X X X
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