2003 (9) TMI 672

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..... ent. [Order]. Whether the party is entitled Modvat credit on capital goods Cold Core Box (Patterns) is an issue to be considered in this case. 2. The Department has filed this appeal on the ground that the party has neither reversed the Modvat credit availed on the said goods nor paid duty as required under Rule 57S(1)(ii) of the Central Excise Rules, 1944. 3. It was the contention .....

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..... d Shri L. Narasimha Murthy, JDR for the Revenue. 4. On going through the facts and circumstances of the case and particularly in view of the definition of sale and purchase in Section 2(h) of the Central Excise Act; and the item is continued to be in possession of the party, I find there was no justification to deny the Modvat credit. Accordingly the appeal is dismissed. - - TaxTMI - TMIT .....

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