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2009 (4) TMI 526 - HC - Central ExciseWhether the CESTAT is correct in allowing Modvat credit of duty paid on capital goods/spares namely carding and combing machines producing final products namely Sliver/combed/carded cotton falling under Ch. 52.02 are eligible capital goods, when this heading remained specifically excluded from the purview of capital goods under erstwhile Rule 57Q as it stood during the material time, by overriding the legal provisions – Held that:- Because of the very nature of the Sliver, it’s non-cohesive and brittle property, Sliver obtained in the Petitioner’s factory as described cannot be brought and sold in the market and is not a commodity which is known in the trade, decision against the revenue and the civil miscellaneous appeal is dismissed [Modi Carpets Limited (1994 - TMI - 44497 - HIGH COURT OF JUDICATURE AT DELHI)]
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