2009 (10) TMI 306

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..... ira Sisupal, JDR, for the Respondent. [Order per: Jyoti Balasundaram, Vice-President]. - The appellants herein are manufacturers of cotton yarn exigible to duty under Chapter 52 of First Schedule to Central Excise Tariff Act, 1985. They availed capital goods credit for the following items. S.No. Name of the capital goods. 1. Ring Frame 2. Calendering Machine 3. Craft Mounting Equipment 4 .....

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..... sides. During the relevant period Rule 57R(3) read as under:- "No credit of the specified duty paid on the capital goods shall be allowed if such capital goods are acquired by a manufacturer on lease, hire-purchase, loan or by any other transaction other than direct purchase, whereby the property in the said capital goods is not transferred to such manufacturer". As regards the Ring Frame, the .....

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..... anufacture of cotton yarn) and Lickerin, Mounting Grinding and Polishing machine is used in mounting which are the major parts of the calendering machine are therefore covered by the definition of capital goods under Rule 57Q, which at the relevant point of time meant "machines, machinery, plant, equipment, apparatus, tools or appliances used for producing or processing of any goods or for bringin .....

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