2002 (8) TMI 612

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..... th the condition of pre-deposit of duty and penalty, I take up the appeal itself with the consent of both the sides. 2. The appellants are engaged in the manufacture of railway carriage fans classifiable under Heading 8414.40 of the Central Excise Tariff Act, 1985. The dispute in the present appeal relates to the availability of Modvat credit in respect of components and spares used in the manuf .....

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..... f Rule 57A. 3. We have heard Shri S.K. Roychowdury, ld. Advocate for the appellants and Shri A.K. Pandit, ld. JDR, for the Revenue. 4. A reading of Rule 57Q (d) shows that what is held to be capital goods is the components and spares of the goods specified against item (a) to (c) of Rule, 57Q. The heading of carriage fan is specified item under Rule 57Q, but the carriage fan itself cannot be c .....

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..... rovisions of Rule 57A. The appellants have also submitted that for the subsequent period, the Revenue has allowed them the credit in respect of disputed items and no appeal has been filed against the said order passed by the Assistant Commissioner. As such keeping the above factors in view, I set aside the impugned order and allow the appeal with consequential relief to the appellants. Stay Petiti .....

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