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TMI Blog2006 (11) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... Excise and Service Tax Appellate Tribunal, New Delhi (for short, 'the Tribunal') in A.No.E/4868/04-B, proposing following substantial questions of law :- "(i) Whether the inputs used in the fabrication, erection and installation of Cold Rolling Mill can be treated as capital goods? (ii) Whether Modvat credit on the inputs used in the fabrication, erection and installation of Cold Rolling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated 12-3-2001 alleging that the goods used by the assessee were inputs and credit was not admissible as capital goods. 4.The assessee raised objection that the credit was rightly availed of and in any case, in absence of any suppression of material facts, extended period of limitation being not available, the Modvat credit could not be withdrawn. After considering the explanation of the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the same were parts of the capital goods installed in the factory premises of the respondents. The respondents had even filed the declaration, declaring the goods as part of the capital goods, before availing the Modvat credit. The learned Commissioner in the impugned order has recorded detailed reasons for holding the goods as parts of the capital goods, and we do not find any sufficient grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mill could not be held to be capital goods. In any case, in view of clear finding of fact that the assessee had not suppressed facts and as such extended period of limitation was not applicable, the adjudicating authority rightly dropped the proceedings which has been upheld by the Tribunal. 7.In view of the above findings, we do not find any substantial question of law arising for entertaining ..... X X X X Extracts X X X X X X X X Extracts X X X X
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