9911796707
TMI Blog2011 (8) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... oods" or not - Decided in favor of the assessee - 392 to 395 of 2005 - - - Dated:- 4-8-2011 - MR. JUSTICE D.MURUGESAN, MR. JUSTICE K.K.SASIDHARAN, JJ. For Appellant : Ms.P.Buvaneswari, SCGSC For Respondent-1 : Mr.S.Murugappan COMMON JUDGMENT D.MURUGESAN, J. These appeals have been filed by the Revenue raising the following two issues; namely, (i) as to whether the Loader, Crane with accessories, Cement, Bulldozer fall under the definition of Capital Goods under Section 57Q in order to avail Modvat credit and (2) Rebar Coils, CTD Bars and TOR Steel are capital goods within the meaning of the said Rule 57Q? 2. At the time of admission, this Court had framed the following question of law: "Whether the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the impugned common order dated 14.05.2004, the Tribunal not only upheld the finding as to the entitlement of the assessee for Modvat credit in respect of the Crane and Loader, but remanded the appeal insofar as the Bulldozer is concerned and insofar as the appeal filed by the assessee is concerned, claiming Modvat credit on Rebar coils, CTD Bars, TOR Steel, Joists and Cement, the Tribunal having regard to the law declared by the Apex Court in CCE vs. Jawahar Mills Ltd. (2001 (132) ELT 3) holding that the explanation (1) to Rule 57Q is to be construed very liberally, considered the above items as capital goods and ultimately allowed the appeal filed by the assessee. Under the above circumstances, these Civil Miscellaneous Appeals are filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Rule makes it explicitly clear that the order of the Tribunal in dismissing the appeal preferred by the Revenue in respect of these two items and remitting the matter for fresh consideration in regard of the Bulldozer requires no consideration. As far as the other items, namely, Rebar Coils, CTD Bars, TOR Steel and Cement are concerned, as to whether they are capital goods or not, the Tribunal having regard to the law laid down by the Apex Court in Jawahar Mills's case, has liberally construed the above Rule and factually found that these are the items, which are used for the purpose of construction of the plant comprising of concrete foundations, concrete silos for storing raw materials, clinker and cement, pre-heater tower structure, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
