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2002 (10) TMI 702

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..... nd arises for admission. There is no representation for the appellants in spite of notice. 2. Examined the records and heard the learned DR. 3. The issue involved in this case is whether the lubricants used in the limestone mines away from the appellants cement factory, during January to March, 2000 were capital goods eligible for Modvat credit under Rule 57Q as the rule stood at the material .....

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..... nd decided against the assessee. It is this part of the Apex Court s decision that has been relied upon by the lower appellate authority in the impugned order and by the learned DR today. Lubricants were recognized as capital goods w.e.f. 1-3-1997. The period of dispute in this case is January to March, 2000. There is not dispute of the fact that lubricants were capital goods under Rule 57Q during .....

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