Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

2001 (7) TMI 603

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Revenue has filed four appeals. The only issue in these appeals is whether certain goods on which Modvat credit has been taken were covered by the definition of capital goods under Rule 57Q or not. Since the issue is the same in all these appeals, therefore, they were heard together and are being disposed of by this common order. 2. The facts of the case are that the appellants are engaged....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... dryer felt are integrated with the process of manufacture and thus are parts and accessories of the machine used in the manufacture of paper and paper boards. The Assistant Commissioner relied on the decision of the Tribunal in the case of Andhra Pradesh Paper Mills reported in 1990 (50) E.L.T. 252 and the decision in the case of Seshasayee paper & Paper Board reported in 1997 (93) E.L.T. 75 wher....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ess of final products. He,therefore, prays that the appeal may be allowed. 5. Shri R. Sudhinder, ld. Counsel submits that the authorities below have held that these items are integrated with the process of manufacture and are thus parts and accessories of the machine used in the manufacture of paper and paper boards. He submits that these findings have been rendered on the process of manufac....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ligible inputs and are not excluded by virtue of exclusion clause (1) of Explanation to Rule 57A. He also submits that the Hon'ble Patna High Court in the case of C.C.E. v. TELCO held that Modvat credit under Rule 57A is available for endless wire mess and industrial cloth used in the manufacture of paper and paper boards. 6. I have heard the rival submissions. I have perused the evidence on....