2005 (6) TMI 487

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..... - Heard both sides. The revenue filed this appeal against the Order-in Appeal whereby the benefit of Modvat credit in respect of Lathe Machine/welding machine/drilling machine is allowed by Commissioner (Appeals). 2. The only contention of the Revenue is that the Tribunal in the case of National Steel Inds. Ltd. v CCE, Indore reported in 2002 (149) E.L.T. 735 held that credit in respect of .....

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..... ed for the benefit of capital goods. 6. The contention is that Lathe machine is classifiable under Heading 8458 and similarly, the lighting arrestor is classifiable under heading 8535 of Central Excise Tariff and these tariff headings are covered under the table whereby the description of capital goods is given and these are used in the factory of the manufacture. 7. The contention of the resp .....

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..... t. The case law relates to the previous period when the definition of capital goods was different and the goods such as plant, machinery etc. which are used in or in relation to the manufacture of final product are eligible for the benefit of capital goods. In these circumstances, I find no infirmity in the impugned order. The appeal is dismissed. (Order dictated in the open Court). - - TaxTM .....

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