9911796707
TMI Blog2003 (4) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants, states that the impugned order has been passed by the Commissioner of Central Excise, Kolkata-III denying them Modvat credit on hydrogen and chlorine gas cylinders etc. and confirming demand of Rs. 18,20,169.00 apart from imposing penalty of an equal amount and ordering payment of interest. He states that the impugned goods are eligible for Modvat credit as inputs and contends that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .T. 761 (Tribunal), (5) Melton India v. C.C.E., Meerut-II - 1999 (105) E.L.T. 339 (Tribunal), (6) C.C.E., Kanpur v. Bharat Industries - 2000 (120) E.L.T. 362 (Tri.), (7) Nehru Steels v. C.C.E., Meerut - 2000 (121) E.L.T. 125 (Tribunal). 2. We have also heard Shri A.K. Mondal, ld. SDR for the Department who supports the impugned order and points out that the Commissioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as capital goods and these were also not utilized for producing and processing any goods or for bringing out any change in any substance for manufacturing any of the final products since they were used only for storage and for transferring gas in liquid form. The appellants on the other hand have contended that in the case of C.C.E., Raipur v. Hukumchand Jute Inds. Ltd. vide Order No. A-1184/CAL/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period from 12-9-1994 to 31-1-1995 when the meaning of "capital goods" under Rule 57Q was different. The period covered in the instant case is from 4-8-1996 to 25-3-1997 (vide Annexure A to the SCN). The meaning of 'capital goods' has undergone two changes in this period under Rule 57Q vide Notification No. 14/96-C.E. (N.T.), dated 23-7-1996 and Notification No. 6/97-C.E. (N.T.), dated 1-3-199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they have rectified the same. They have also referred to the afore-cited decision of the C.E.G.A.T. (Larger Bench) in the case of Modi Rubber Ltd. which held that declaration filed by the assessee in terms of Rule 57Q for capital goods was sufficient for the purpose of extending credit on the same goods even if they were inputs. Other decisions cited by the appellants also condone such mistakes m ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
