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TMI Blog2007 (11) TMI 227X X X X Extracts X X X X X X X X Extracts X X X X ..... oods - held that declaration filed by assessee in terms of Rule 57Q is sufficient for the purpose of extending credit on inputs u/r 57A – as per decision of Larger Bench in case of Modi Rubber Ltd., the credit on Winding Wire is allowed - E/3840/2005-SM (BR) - 102/2008-SM(BR)(PB), - Dated:- 2-11-2007 - P.K. Das, Member (J) [Order].-1. The appellant filed this appeal against denial of Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he erstwhile Central Excise Rules 1944 is sufficient for the purpose of Modvat credit under Rule 57A. He also submits that during the relevant period, in this case, there is no provision of filing declaration and, therefore, the Larger Bench decision relied upon by the ld. Commissioner (Appeals) is not applicable. 3. Ld. DR reiterates the findings of the Commissioner (Appeals). He relied upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .K. Cement (supra) after discussing the decision of the Hon'ble High Court of Rajasthan, held that Welding Electrode is not entitled for Cenvat credit. Accordingly, the denial of credit on Welding Electrode is upheld. 5. Regarding denial of credit on Winding Wire, the Commissioner (Appeals) held that credit on Winding Wire is admissible as capital goods but the appellant filed Modvat declar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rger Bench of the Tribunal decided the question whether Modvat credit on Lubricants as input under Rule 57A is liable to be allowed. The relevant para of the said decision is reproduced below:- "21. In Appeal No.E/1814/97-NB, we find that the question whether modvat credit on lubricants as inputs under Rule 57A is liable to be allowed where the goods are declared as capital goods under Rule 57Q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Larger Bench held that declaration filed by the assessee in terms of Rule 57Q of Central Excise Rules, 1944 is sufficient for the purpose of extending credit on inputs under Rule 57A. Respectfully following the decision of the Larger Bench in the case of Modi Rubber Ltd ., the credit denied on Winding Wire is set aside. 7. It is seen that the denial on credit on Welding Electrode was se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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