1992 (4) TMI 147

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..... orkar, Consultant, for the Appellants. [Order]. - Earlier the application for stay had been considered by me and in exercise of the powers conferred on me under Section 35F of the Central Excises and Salt Act, 1944, I had rejected the stay and directed the appellant to deposit a sum of Rs. 60,775/- with the jurisdictional Assistant Collector, within three weeks of the receipt of the order. The .....

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..... of the Central Excise Rules, 1944. The appellants were heard on 5-8-1991 when Shri A.S. Bhamborkar, Excise Consultant appeared. He reiterated the written submissions. He further submitted that the steel shots are - (1) required to make the goods marketable and in the light of the judgment of the Hon'ble Supreme Court in the case of M/s. Eastend Paper Industries Ltd. reported in 1989 (43) E. .....

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..... ots would defeat the very purpose of the introduction of modvat scheme. I have gone through the oral and written submission. I cannot agree with the appellants' contention that Plant/equipment/Machinery etc. should fall under the category of 'Capital Goods' to be excluded from availment of Modvat credit. This is evident from the judgment of the Hon'ble Tribunal in the case of M/s. Steel Authority .....

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