TMI Blog1998 (1) TMI 177X X X X Extracts X X X X X X X X Extracts X X X X ..... The short issue for determination in this appeal is whether Modvat credit can be utilised before the use of capital goods in the installed plant. The facts leading to the present appeal are that the appellants are engaged in the manufacture of Graphite Electrodes. They procured materials for expansion and modernisation of their plant which was already existing for manufacture of Graphite Electo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted in 1996 (87) E.L.T. 557 and further by another decision of the Tribunal in the case of Hind Spinners Industries Growth Centre v. Commissioner of Central Excise, Indore as reported in 1997 (96) E.L.T. 651. Ld. Counsel submits that since the issue is already decided by two independent orders of this Tribunal, therefore, the appeal may be allowed. Ld. Counsel also submits that ld. Commissioner re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d only on or after the date of operation of the new furnace. In the instance case, we also note that the appellants was already manufacturing Graphite Electrodes right from 1977. We note that Tribunal in coming to the conclusion in the case of Hind Spinners Industries Growth Centre relied upon the clarification given by the Central Board of Excise Customs in their Circular No. 277/iii/96-CX, dat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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