TMI Blog2001 (3) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue challenges the correctness of the order in appeal No. 54/98(M-II) C.E., dated 5-10-1998 for holding that Modvat credit is available in respect of Fork Lift falling under chapter heading 8427 of CET, received by the respondents in their factory on 10-11-1994 vide invoice No. 657 dated 10-11-1994 in terms of Notification No. 11/94 C.E. (N.T.), dated 16-3-1995. Assistant Commissioner has den ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned SDR Shri G. Sreekumar submits that the Department has not accepted the Tribunal judgement and Fork lift cannot be considered as capital goods as it does not help in direct participation of the manufacturing of final products. He took me through the grounds of appeal filed by the Revenue and seeks for reversal of the credit and confirmation of the order-in-original. 3. None has appeared ..... X X X X Extracts X X X X X X X X Extracts X X X X
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