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2014 (11) TMI 27 - AT - Central ExciseDenial of MODVAT Credit - Capital goods - Notification No. 14/1996-CE (NT) dated 23/07/96 - Held that:- definition of capital goods given in Rule 57Q of the Central Excise Rules, 1944 during the period prior to 16/03/95 was examined once again by Larger Bench of the Tribunal in the case of Jawahar Mills Ltd. vs. CCE, Coimbatore reported in [1999 (4) TMI 153 - CEGAT, NEW DELHI]. In this case, the Tribunal, among other items, considered the eligibility for Modvat credit of the wires and cables, control panels, welding electrodes etc. The Tribunal in this judgment relying upon the Apex court’s judgment in the cases of J.K. Cotton Spinning & Weaving Mills Co. Ltd. vs. Sales Tax Officer reported in [1964 (10) TMI 2 - SUPREME COURT OF INDIA] and Indian Copper Corporation Ltd. - 1965 (61) STC 259 held that the items like wires and cables, control panels, welding electrodes etc. would be covered by the definition of capital goods in Rule 57Q as it stood during the period prior to 16/03/95 - Decided in favour of assessee.
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