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TMI Blog2008 (12) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... DR, for the Respondent. [Order per : B.S.V. Murthy, Member (T)]. - These appeals have been filed by the appellants against three orders of the Commissioner (Appeals). Since all the three appeals relate to eligibility of Modvat credit on capital goods, all of them are taken up simultaneously and this order is being passed. 2. Heard both the sides. 3.1 The learned CA first of all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19 (T) (v) SG Exporter v. Addl. Commr - 2005 (191) E.L.T. 267 (Tribunal) = 2005-TIOL-225 (Bang). 3.2 On merits, he submitted that even though the Commissioner (Appeals) accepted that forged articles of iron 8s steel are components, he has denied the credit on the ground that they have to undergo some further operation such as machining before being put to use. He sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the main machine is eligible, the components, spares and accessories are also eligible. The Commissioner (Appeals) has disallowed credit only on the ground that the applicant had not argued this point. Being a legal point, it is his submission that they are eligible. The third category of the capital goods on which the credit has been disallowed are steel sheets, plates, articles of alloy steel, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Dy. Commissioner or DC/AC. It is his submission that AC and DC are one and the same and therefore, the Commissioner's (Appeals) order is legal and proper. As regards other issue, he reiterates the order of the Commissioner (Appeals). 5. We have considered the submissions. As regards maintainability in view of the definition of AC or DC and also in view of the fact that AC and DC are used ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... putting into use, the Modvat credit does not become inadmissible, we have to agree with the learned CA and we also find that the decisions cited by the learned CA are relevant and applicable. Similarly irrespective to the chapter heading under which components, spares and accessories fall, the credit would be admissible if the machines or equipment of which the same are parts/spares/components or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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