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2002 (1) TMI 238 - CEGAT, BANGALOREExtract: .......le 57Q. 4. In the facts and circumstances in view of the categorical finding by the Commissioner (Appeals), I find no infirmity in the impugned order in treating the item as capital goods and allowing the Modvat credit. Thus, the contention of the respondent s Counsel is accepted and in the result appeal filed by the department is hereby dismissed.
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