9911796707
TMI Blog2008 (5) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... - Vide impugned order modvat credit availed by the appellant in respect of capital goods i.e. Automatic Blow Moulding Machine stands denied to them on the ground that the said machine was purchased by M/s. Gujarat Containers Ltd., who installed the same in the appellant's premises to do their job work, for manufacture of carboys. As such, it has been held that since the machine was purchased by M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the factory and are used in the manufacture of the final product, the benefit of modvat credit is available. It stands decided by number of decisions of the Tribunal that ownership of the capital goods is irrelevant for the purpose of allowing the credit. Reference in this regard is made to the following decisions of the Tribunal:- 1. M/s. HIS Automotives Ltd. [2004 (163) E.L.T. 116 (Tri.- Che ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd fixtures or not other machine would not make a difference inasmuch as the issue was decided on the ground that ownership of the capital goods will not make any difference in the assessee's claim of credit. 4. It also stands argued before me that the said capital goods were used in the manufacture of carboys, which cannot be held to be the final product of the appellant inasmuch as the same was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be reversed when the machine is ultimately shifted from their factory to the factory of M/s. Gujarat Containers Ltd. As such, I find that the entire exercise would be revenue neutral inasmuch as at the time of removal of the said machine from the appellant's factory, they would be liable to reverse the credit so availed by them. 6. Appeal is accordingly, allowed by setting aside the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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