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TMI Blog2005 (9) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... ods used by the manufacturer in his factory and enabled him to utilise the credit towards the payment of duty of excise leviable on his final products. During the aforesaid period, the term capital goods had the following meaning [vide Explanation I to sub-rule (1) of Rule 57Q] : Explanation :- For the purposes of this section, - (1) capital goods means - (a) machines, machinery, plant, equipment, apparatus, tools or appliances used for producing or processing of any goods or for bringing about any change in any substance for the manufacture of final products; (b) components, spare parts and accessories of the aforesaid machines, machinery, plant, equipment, apparatus, tools or appliances used for aforesaid purpose; and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ems were eligible for capital goods credit. The appellant has prayed for a remand of the matter to the lower authority for fresh decision on the admissibility of Modvat credit on the above items of capital goods with reference to the tariff classification of the goods. During the period of dispute, the tariff classification of capital goods was not a factor determining the eligibility of the goods for Modvat credit under Rule 57Q. This factor was introduced in the rule only w.e.f. 23-7-96. As we have already pointed out, all the items of capital goods, barring Item No. 23 above, have already been held to be Modvatable capital goods in various cases cited by ld. Counsel. The only item, in respect of which no case law was cited is MS plated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed only to the extent of denying capital goods credit in respect of VCM bullet . Appeal is dismissed as regards as all the other items of capital goods. 4. The challenge in Appeal No. E/143/99 is against grant of capital goods credit on the following 14 items :- (1) Capacitor (2) HH elecon switch (3) Rheostat rating (4) Thermotracers (5) Cryoflex complex hose HD chemiflex hose (6) Mercury steel dial thermometer (7) Moving iron AC panel meters (8) Oil circuit breaker (9) Digital DC calibrator (10) Castable refractory (11) Air setting mortor/castable refractory (12) 3 phase kwh meter (13) KWH meter (14) Metallic bellow In respect of all the items, barring Item No ..... X X X X Extracts X X X X X X X X Extracts X X X X
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