2003 (5) TMI 400

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..... pellant. Shri S.C. Pushkarna, JDR, for the Respondent. [Order]. - Both the appeals involve the similar issue, therefore, taken up together. 2. In this case the benefit of Modvat credit on the parts of capital was denied on the ground that the credit was taken properly to the installation of the parts of the capital goods. 3. Heard both sides. 4. The appellants availed the cre .....

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..... g anything contained in sub-rule (1), - (i) no credit of the specified duty paid on capital goods (other than those capital goods in respect of which credit of duty was allowable under any other rule or notification prior to the 16th day of March, 1995) shall be allowed if such capital goods were received, in the factory before the 16th day of March, 1995; and (ii) no credit of the specified dut .....

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..... e thereon." 7. As per reading of the above Rule, the condition for taking credit on capital goods is not applicable in respect of components, spare parts and accessories of the capital goods. Therefore, the impugned order is set aside and the appeals are allowed. Appellants are entitled for the consequential relief if any, in accordance with Rule.
Case laws, Decisions, Judgements, Orders .....

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