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TMI Blog2014 (1) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... in nature and therefore we do not have any scintilla of doubt in our mind that Panel Board and PVC cables which do not participate in the manufacturing process and are only used for producing or processing of any goods or for bringing about any change in any substance for the manufacture of final product would be included in "capital goods" and hence the assessee is entitled for MODVAT credit on these items - Following decision of CCE v. Jawahar Mills Ltd. [2001 (7) TMI 118 - SUPREME COURT OF INDIA] - Decided against Revenue. - C.E.R. Application No. 7 of 2001 - - - Dated:- 13-12-2013 - A.K. SHRIVASTAVA AND SMT. VIMLA JAIN, JJ. For the Appellant : Anup Nair ORDER:- A.K. Shrivastava, J. Indeed this reference is pending fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the annexure below (hereinafter referred to as the "final products") for the purpose of allowing credit of specified duty paid on the 'capital goods' used by the manufacturer in his factory and for utilising the credit so allowed towards payment of duty of excise leviable on the final products, or as the case may be, on such capital goods, if such capital goods have been permitted to be cleaned under Rule 57-S, subject to the provisions of this section and the conditions and restrictions as the Central Government may specify in this behalf. Provided that credit of specified duty in respect of any capital goods produced or manufacture (a) in a free trade zone and used for the manufacture of final products in any other pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods" is comprehensive in nature and therefore we do not have any scintilla of doubt in our mind that Panel Board and PVC cables which do not participate in the manufacturing process and are only used for producing or processing of any goods or for bringing about any change in any substance for the manufacture of final product would be included in "capital goods" and hence the assessee is entitled for MODVAT credit on these items. 5. The Apex Court in CCE v. Jawahar Mills Ltd. [2001] 6 SCC 274 has categorically held that inclusion of 'capital goods' would come within the definition in terms for which it is being used. It has been specifically held by the Apex Court in the aforesaid decision that power cables, capacitors, control panels, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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