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TMI Blog2017 (6) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of classification or description of capital goods as defined in Explanation to Rule 57Q. Due to doubts which arose as to whether credit is admissible on capital goods imported under Tariff Heading 98.01, as there was no corresponding Central Excise Tariff Heading, the circular was issued. The said circular also directed that on furnishing of certificate as given therein, the credit can be allowed - The appellants having furnished the certificate, there is no reason to disallow the credit. Appeal allowed - decided in favor of appellant. - E/398/2006 - 41021/2017 - Dated:- 19-6-2017 - Ms. Sulekha Beevi C.S., Member (Judicial) And Shri V. Padmanabhan, Member (Technical) Shri S. Murugappan, Advocate for the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar 351/67/97-CX dated 5.11.1997. The appellant, thus, furnished the necessary certificate issued by an independent Cost Accountant vide letter dated 17.3.2004. They had also filed an application for extension of time to produce the certificate. After hearing the appellant, the Commissioner (Appeals) however held that the certificate is not proper and that it does not comply with the CBEC Circular and disallowed the MODVAT credit. Hence this appeal. 3. On behalf of the appellant, learned counsel Shri S. Murugappan adverted to paragraph 12 and 13 of the impugned order. He submitted that the Commissioner (Appeals) observed that there was a delay of 60 days in filing the certificate as directed. That the appellant had already requested for e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, coating machine and ancilliary equipment, perforator squarness gauge. Rule 57Q of the erstwhile Central Excise Rules, 1944 defined 'capital goods'. Sub-clause (a) of the said definition states that capital goods means machines, machinery, plant equipment, apparatus, tools or appliances used for producing or processing of any goods or for bringing about any change in any substance for the manufacture of final products. Thus, machineries fall within the definition of capital goods. The Circular states that the crucial test for allowing MODVAT credit would be whether the capital goods were covered either in terms of classification or description of capital goods as defined in Explanation to Rule 57Q. From the description of the goo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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