2004 (1) TMI 596

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..... Heard both sides. 2. The dispute in the instant appeal relates to availability of Modvat credit on welding electrodes. The Commissioner (Appeals), after examining the provisions of Rule 57Q, held that credit is admissible on the welding electrodes only from 1-3-2001, while for Jan., 2001 to Feb., 2001 the credit was denied. From 1-3-2001, the definition of inputs was amended whereby cred .....

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..... Mineral Industries Ltd. - 2003 (160) E.L.T. 278 (T) = 2003 (54) RLT 557 (CEGAT - Ban.) to reject the claim. 3. In this connection, I notice that the claim for the period after 1-3-2001 has been allowed on the ground that the welding electrodes are inputs used for the manufacture of capital goods though the use is only for repairs of the capital goods. There is no cross appeal from the Revenue .....

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..... ifiable function. Nevertheless, it becomes a part, howsoever, insignificant or minute; efficient or inefficient, functional or otherwise. Being a part of the machinery therefore welding electrodes, regardless of its classification, will be covered as capital goods in terms of the definition contained in Rule 57Q even for Jan., 2001 to Feb., 2001, as claimed by the appellants. 4. Accordingly, I a .....

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