TMI Blog1996 (7) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... , the Commissioner, Central Excise has assailed the order of the Commissioner (Appeals) holding that electrical transformer and electronics panel board are not eligible for Modvat credit under Rule 57Q of the Central Excise Rules, 1944. 2. The facts of the case are that the respondents herein procured electrical transformers and electronics controlled panel boards from the market and claimed Mod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the case pertains to the earlier period and therefore, the items added w.e.f. 16-3-1995 cannot qualify for Modvat credit for the period 16-3-1995. He submitted that transformers were added to the list of items of capital goods only w.e.f. 16-3-1995, therefore, they will not be covered for the period prior to that. The ld. DR also submitted that electronics controlled panel boards are not specif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted that the transformer is a capital goods, the date becomes irrelevant. He therefore, submitted that transformer is a capital goods and as such they were entitled to the benefit as has rightly been held by the Commissioner (Appeals). 5. On the question of electronics controlled panel board, the ld. Counsel submitted that electronics control panel board are meant for regulating the supply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eration of the submissions, I find that insofar as electrical transformer is concerned, it has already been included as capital goods item w.e.f. 16-3-1995. I do not see any logic not to treat it as capital goods, therefore, the date of declaration of this item becomes immaterial. In this view of the matter, I hold that Modvat credit shall be admissible on electrical transformer. 7. Insofar as e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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