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TMI Blog2001 (9) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Bindal Industries have filed this appeal being aggrieved by impugned order dt. 15-12-98. Ld. Commissioner (Appeals) had denied them Modvat credit on Polyester resin and caustic soda holding that they were not inputs. He also denied them Modvat credit on wire, cables, controlled panel, S.S. Castings, S.S. Wire, Indwool ceramic fibre blanket on the ground that they were not capital goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lyester resin is used as a lining material like refractories and ramming mass. Ld. Counsel submits that in so far as admissibility of Modvat credit as capital goods under Rule 57Q in regard to wires, cables, controlled panel etc. is concerned, the issue has now been decided by the Apex Court in the case of Jawahar Mills Ltd. reported in 2001 (132) E.L.T. 3. In regard to S.S. Casting, ld. Couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not specifically brought out to prove that they are inputs or capital goods. Regarding S.S. Castings, S.S. Wires and Indwool fibre blankets, ld. DR submits that the applicant had not explained as to how these items are used in the process of manufacture of wires. In regard to taking credit on original invoices he submits that this issue is squarely covered by the decision of the Larger Bench o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . are specifically covered as capital goods as held by the Apex Court in the case of Jawahar Mills Ltd. (supra). 7. In so far as S.S. Castings, S.S. Wires and Indwool, fibre blankets are concerned, I have perused the declaration filed. I note that these items are used in the process of manufacture of wires, therefore, in terms of the Explanation under Rule 57Q, they will be admissible for the be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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