2005 (12) TMI 309

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..... Heard both sides. 2. The issue involved in this appeal is whether the appellants are eligible for Modvat credit on testing panel falling under Heading No. 85.37 during the period from 1/96 to 3/96. The lower authorities have denied the credit on the ground that Heading No. 85.37 is not mentioned in the list of the capital goods eligible tor Modvat credit. It was argued for the appellants .....

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..... the specification and tolerance of the raw material as well as finished goods, which are going into the manufacture of finished products and the finished products are marketed only after testing and these testing equipments renders such products marketable, in such a situation the testing panel will be covered by the description under para (a) of Explanation 1 to Rule 57Q of the Central Excise Rul .....

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