9911796707
TMI Blog2002 (1) TMI 1066X X X X Extracts X X X X X X X X Extracts X X X X ..... edit was taken in August, 1994 on the strength of invoices issued under Rule 57GG by M/s. Hindustan Petroleum Corporation Ltd. (in short, HPCL) as dealers and that the said invoices contained all the necessary particulars relating to the respective invoices issued under Rule 52A by M/s. Indian Oil Corporation Ltd. (in short, IOCL) as manufacturers of the goods. Ld. Counsel refers to the copies of the HPCL invoices available on record and submits that these documents are valid documents for the purpose of availment of Modvat credit. Ld. Counsel further submits that another part of the Modvat credit was taken on the strength of invoices issued under Rule 57GG by M/s. Visvesvaraya Iron Steel Ltd., a subsidiary of the Steel Authority of India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his Tribunal. Yet another part of the Modvat credit was taken on the strength of an invoice issued by M/s. Gordhan Das Rathi Steels Ltd. in respect of TOR steel treated as capital goods. Counsel submits that TOR steel was used for fabricating the foundation for forging hammer, which was a part of the manufacturing plant. TOR steel was, therefore, an eligible capital goods for Modvat credit under Rule 57Q. Both the lower authorities denied the credit, holding that the TOR steel was not eligible for capital goods credit. In this connection, Counsel relies on the decision of this Tribunal in CCE, Jaipur v. J.K. Cement Works - [2000 (125) E.L.T. 480 (Tribunal)]. In support of his earlier submissions relating to the Modvat credit taken on the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icate to the effect that excise duty has been paid on the goods at the specified rate. The gate pass number and date are also noted in the certificate. The details such as amount of duty, quantity of goods etc. are also available in the challan. The definition of invoice includes challans also vide Rule 52A. Therefore, these delivery challans issued by M/s. Visvesvaraya Iron Steel Ltd. ought to have been accepted as a valid modvatable documents and the credit allowed. The credit taken on the strength of these documents is, therefore, held to be admissible. As regards the credit taken on the basis of the delivery challan-cum-invoice (Sales tax copy) issued by M/s. Castrol India Ltd., I find that all the necessary particulars are availabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thi Steels Ltd. The item covered by this invoice is TOR steel. Ld. Counsel has submitted that this item was used for making foundation for forging hammer and that the foundation was permanently fixed to the earth. A structural item, which goes to become part of an immovable property, which is not excisable, cannot held to be eligible capital goods under Rule 57Q. Therefore, the Modvat credit taken on TOR steel will not be admissible to the party. The case law cited by Id. Counsel has been considered. In case of J.K. Cement (supra), M.S. Plates, Angles and Structurals were held to be Modvatable capital goods under Rule 57Q. But those items were not items used for fabrication of immovable property. The case law is, therefore, distinguishable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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