1998 (9) TMI 198

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..... This reference application is against the Final order of the Tribunal No. 2814/97, dated 22-10-1997 in the revenue appeal. The question that was determined by the Tribunal in the said final order pertained to grant of Modvat credit in respect of I.D. Blowers and Economiser Coil. The Tribunal after consideration of the technical nature of both the items, came to the conclusion that both the items .....

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..... ove meaning given for capital goods under Rule 57Q(1), is the order of the Hon'ble Tribunal correct in extending the Modvat credit on these goods which did not partake in producing or processing the final product, but used for making a capital goods i.e. Boiler in this case function effectively? 3. Heard the learned DR Shri S. Kannan for the revenue and Shri R. Raghavan, learned Advocate for .....

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..... d on the premise that such parts are not making capital goods. The parts go to make a boiler, therefore it follows that boiler is nothing but composition of these ingredients, to make a boiler, hence it is held that the boiler is entitled to the Modvat credit and that all the composite elements which go to make a boiler is entitled to the benefit of Modvat credit. This is merely a finding of fact .....

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