2000 (1) TMI 94

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..... it availed by the appellants during the period October 1995 on the air conditioner split type classifiable under Heading 8415 of the Central Excise Tariff Act, 1985 in terms of the provisions of Rule 57Q which allows the Modvat credit on capital goods. Whereas the Revenue's contention is that the air conditioners cannot be considered as used for producing or processing of any goods, appellants' st .....

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..... y, but refers to machinery, plant, tools etc. Further the expression 'used for producing of any goods, cannot be construed as synonymous to' for bringing about any change in any substance'. The Tribunal did not agree with Revenue that explanation 1 (a) would confine to production machinery used for bringing about any change in any substance. As the air conditioners in question are installed and us .....

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..... ion came only on 23-7-1996 with the introduction of Notification No. 14/96. As the period involved in the present appeal is October 1995 I hold, following the ratio of the Larger Bench decision that the air conditioners split type falling under Heading 8415 were eligible capital goods for the purposes of Modvat credit. Accordingly, I set aside the impugned order and allow the appeal with consequen .....

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