9911796707
TMI Blog2001 (7) TMI 240X X X X Extracts X X X X X X X X Extracts X X X X ..... for the appellants and Shri Chaturvedi, ld. SDR for the Revenue. 2. Vide their impugned orders, the authorities below have denied the benefit of Modvat credit to the appellants in respect of lubricating oils and greases for the period July to September 1997 on the ground that the appellants had claimed them as inputs in terms of Rule 57A, whereas the same were covered as capital goods under Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essees for claiming the Modvat on the inputs so declared as capital goods irrespective of the fact that no declaration was filed under Rule 57T. As such he submits that the Modvat in respect of lubricants is available to the assessee. 4. We find a lot of force in the above submissions of the appellants. The larger Bench of the Tribunal has held that lubricating oils are eligible under Rule 57A. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of the invoice. While fairly agreeing that the said issue stands decided against the appellants by the larger Bench decision of the Tribunal in the case of Kusum Ingots - 2000 (120) E.L.T. 214 (T-LB) = 2000 (39) RLT 440 (CEGAT-LB), Shri Majumdar submits that the said restriction will not apply in respect of capital goods. Inasmuch as the lubricants have been held to be capital goods after 1-3- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es one lakh fifteen thousand five hundred and sixty) is not justified. 7. Shri Majumdar submits that another quantum of Rs. 5,674/- (Rupees five thousand six hundred and seventy four) which has been disallowed on the ground that a portion of the electricity has been consumed by them in their residential premises, has already been debited by them. He is not disputing the said portion of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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