Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2006 (2) TMI 38

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Name of the Item Duty paying document No. Date Amount of duty (credit taken) Entry No. vide which credit is taken Remarks Digital Multimeter Insulation Resistance Tester (Megger) Vibration meter/noise Meter B/E No. 5012/28-3-03 Inv. No. 165/20-3-03 Rs. 4,20,535/- (CVD) Rs. 11,174/- 45/3-4-03 105/4-3-03 Imported goods Indigenous 2. The reason given by the Commissioner (A) is that the said item was not used for manufacture of final products under Rule 2(g) and Rule 2(b) of Centvat Credit Rules, 2002. It is the contention of the appellant that these goods are required to be treated as capital goods and they are eligible for the cenvat credit in terms o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Tribunal rendered in the case of Bajaj Auto Limited v. CCE, Pune reported in 1996 (88) E.L.T. 355 in which the larger bench relied on CBEC circular issued in 1998 allowing Modvat credit on tool kits, which are supplied along with the motor vehicles and their value has already been included in the value of motor vehicles. 3. The learned Representative submits that the issue is covered by all these citations. He submits that the present I is — (i) Digital Multimeter Insulation Resistance Tester (Megger) (ii) Vibration meter/noise meter He submits that these items are essential for transformers and without it the transformers cannot function. He refers to the write-up given by the Senior Manager (QA) of the appellant who has given a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ssembled and tested in the presence of customer, in accordance with National/International Standards. Then the final product is released for dispatch. At site this transformer is reassembled and tested using these Megger and Noise level meter. The item (F) Condition Monitoring System is of two types. (i) On line Condition Monitoring System. (ii) Offline Condition Monitoring System. In the on line system, those accessories are integral mountings on each unit so that the monitoring activity is continuous. In the off line system, they are occasionally monitored. The Power transformer is the costliest item in a substation (almost 50% of the total cost) and the outages are very costly for the customer. Hence the customer specifies the co .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates