1998 (5) TMI 82

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..... . -  This appeal from the Revenue challenges the findings of the Collector (Appeals) that Oil seals and Gaskets are capital goods without which the machinery cannot function properly. Shri A.M. Tilak cites the Tribunal judgment (Order No. 646/96-SZB) in the case of Commissioner of Central Excise, Coimbatore v. Velahal Spinning Mills Pvt. Ltd. wherein it is held that for the input to qualify .....

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..... n the Explanation to Rule 57Q with effect from 16-3-1995, there admissibility  prior to that date would exist if such goods satisfied the condition of the Explanation before that date also. Shri Tilak submits that these goods are consumable and when they were brought into the factory it is not certain that they could be used in operating the machinery used in the manufacture of excisable good .....

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