2003 (12) TMI 453

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..... ]. The assessee took on 9-10-1996 credit under Rule 57Q of the duty paid by its manufacturer on 28-6-1996 on vapour absorption heat pump. Notice issued to the assessee proposed denial of the credit on the ground that the goods being classifiable in Heading 84.18 were specifically excluded from consideration as capital goods under the explanation below 57Q(1). The Asstt. Commissioner denied th .....

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..... the duty was paid on these goods, the definition of capital goods was differently worded and the goods were capital goods on that date is not very significant. Rule 57Q(1) makes it clear that the provision of Section AAAA of Chapter V apply for the purpose of allowing credit for the duty paid on capital goods used by the manufacturer in his factory and utilising the credit towards payment of duty .....

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