9911796707
TMI Blog2002 (3) TMI 646X X X X Extracts X X X X X X X X Extracts X X X X ..... e its order dated 18-1-2001 in Ref. Case P. No. 20/2000 in a petition filed under Section 35G of Central Excise Act directed this Tribunal to refer the statement of case for answering the following question : Whether the safety operators used for distribution control system in the assessee s premises is a product which would qualify for the benefit of Modvat credit under Section 57Q . 2. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee had capitalised the goods for depreciation under Section 32 of the Income-tax Act, 1961 and thus had contravened Rule 57R(5) of the C.E. Rules, 1944. 3. Aggrieved by this Order, the assessee appealed before the Commissioner Appeals, Trichy who vide his Order-in-Appeal No. 18/97 (T), dated 20-1-97 allowed the appeal of the assessee placing reliance on the Hon ble Tribunal Order No. 830/96, d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er specified items. As per Rule 57Q read with Rule 57S, the capital goods used in the factory in or in relation to the manufacture of the final product would be eligible to the credit. Though the words in or in relation to do not find place in Rule 57Q, the same are to be taken as such by a harmonious reading of Rules 57Q and 57S, as held by the South Regional Bench, CEGAT in the case of MM Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal of the Department. The Department filed a petition before Hon ble High Court of Madras who by its order dated 18-1-2001 have directed the Tribunal to state the case. Hence the statement of case is prepared in compliance to the direction of the Hon ble High Court and it is submitted to Hon ble High Court for its opinion. The Registry is hereby directed to send the case to Registrar, Hon ble Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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