9911796707
TMI Blog2014 (3) TMI 784X X X X Extracts X X X X X X X X Extracts X X X X ..... matter. That being the position, the Lithographic plate, chemical etc. used for printing would all become inputs for the offset printing process and we cannot say that Lithographic plate alone would not be input just because the same can be used repeatedly. Just like other inputs, the Lithographic plate also is relevant only for a particular job which the printer undertakes and the job may be repetitive but the fact remains that the plate cannot be used for any other purpose. Moreover, the printers charges for cost of Lithographic plate, exposure and development cost used by them separately. In any case, the cost of the Lithographic plate exposed and developed is recovered from the person for whom offset printing job is undertaken. All ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plates and Thermostar are classifiable under CH 37.05 and not under 84.42. What the appellant receives is Lithographic plate and Thermostar which are sensitized. The appellant does the job of exposing and developing. Before this activity is undertaken by the appellant, the product received by them would be classifiable under CH 37.05 only. Even though I agree with the learned Chartered Accountant that because of this decision, the Lithographic Plates received by them would be classified under 37 only but reclassification of inputs or capital goods received cannot be done at the receivers end. Therefore this submission cannot be considered even though valid. Next question that arises is if the Lithographic plates and Thermostar fall under ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat in the case of silver halide films which are used for image transfer for the formation of circuits has to be treated as a eligible input for the purpose of Modvat credit. The lower authorities have taken a view that this decision is not applicable because during the relevant time when the decision of the Tribunal was rendered, Modvat credit was available only for inputs and not for capital goods and during that period clear-cut distinction between capital goods and inputs were not available in the statute. I agree with the stand taken by the learned Chartered Accountant that what was input prior to introduction of definition of capital goods and Modvat credit for capital goods does not become capital goods once the definition of capital ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
