2004 (10) TMI 416

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..... s had taken capital goods credit in respect of loader classified by its manufacturer under heading 84.29 of the CETA Schedule, in August 99. This credit was disallowed by the original authority on the ground that the goods falling under heading 84.29 were not eligible for capital goods credit under Rule 57Q. The assessee challenged this decision of the original authority before the Commissioner .....

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..... cation for any purpose whatsoever. This view of the appellant, reiterated by the DR today, is contested by the respondent s counsel, who, relying on case law, submits that once it is found that the capital goods is a material-handling equipment, it can only fall under heading 84.28 and, consequently, the benefit of Modvat Credit is available to it for the period of dispute. 4. After examining th .....

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..... will belong to the general category of loading equipments, which fall under 84.28. Admittedly, capital goods falling under this entry were eligible for Modvat Credit at the material time. Therefore, the impugned order accepting the respondent-assessee s loader as a material-handling equipment falling under Heading 84.28 is sustainable. 5. The Revenue s appeal fails and is dismissed. - - TaxT .....

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