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TMI Blog2002 (6) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... rs-in-Appeal, the common issue involved is whether the goods are capital goods eligible for MODVAT Credit under Rule 57Q of the Central Excise Rules, 1944. I stay the recovery of the dues in all the four appeals as the issue involved is in narrow compass and take up all the appeals for final hearing with the consent of both the sides. 2.1 Shri A. Bhattacharya, learned Advocate, submitted that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at accordingly if the goods made out of the impugned items are capital goods, these iron and steel items are components and eligible for capital goods credit; that the sheets and plates have been used by them for repairing the damaged parts of heavy machinery used by them in the manufacture of their final products and accordingly these plates and sheets are undoubtedly components of the machinery ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be covered by S. No. 5 of the table below Rule 57Q(1) of the Central Excise Rules, according to which 'components, spares and accessories of the goods specified against S. No. 1 to 4 of the table' are also capital goods; that reactor tank is classifiable under Heading No. 75.09 of the Schedule to the Central Excise Tariff Act which is not included specifically in S. No. 1 to 4 of the table ..... X X X X Extracts X X X X X X X X Extracts X X X X
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