TMI Blog2004 (11) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants are manufacturers of cement. They had taken Modvat credits totalling to Rs. 8,31,138/- on components of capital goods, many of these falling under Heading No. 84.74 of the Schedule to the Central Excise Tariff Act and the rest falling under Heading No. 73.08 of the said Schedule. The credits were taken during Jan.-Mar., 98. The original authority disallowed the entire credit to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 stood excluded from the category of eligible capital goods under Rule 57Q. It was with effect from 1-9-1996 that such exclusion was done away with by Notification No. 25/96-CE(NT), dated 31-8-1996. The question which arises for consideration in this context is whether Notification No. 25/96 had retrospective effect to cover the above period 23-7-1996 to 31-8-1996. Ld. Counsel has argued that thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... find that, though Notification No. 25/96 was considered in the case of Bihar Caustic and Chemicals Ltd., the Bench had no occasion to examine the question whether the Notification was clarificatory or not. Tubes and pipes of iron and steel were specified for capital goods credit under Clause 1(g) of the Explanation to Rule 57Q as amended by Notification No. 14/96-CE(NT). This Clause remained as su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of these goods. However, the position is different with regard to Calcinator Assembly which was received in the factory prior to 23-7-1996. During the period, [i.e., period prior to the amendment of Rule 57Q by Notification No. 14/96-CE(NT)], all capital goods used for processing of goods one way or the other for the manufacture of final product were eligible for capital goods credit. The Reven ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
