9911796707
TMI Blog2001 (8) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... Order]. - The issue relates to Modvat Credit. The representative appearing for the appellants submitted that the Modvat Credit is in respect of 68 Fairway Lamps. He said that Modvat Credit has been disallowed to the extent of Rs. 3,325/- on the ground that this article is on general use and cannot be said to be capital goods within the definition of explanation to Rule 57Q. He submitted that Fai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessary for assessee to carry on his business and eligible for Modvat credit as capital goods. This view was confirmed by the Supreme Court upholding the decision of the Tribunal observing that the definition of the 'Capital Goods' is very wide and the language used in the explanation one of the Rules 157Q is very liberal as reported in 2001 (132) E.L.T. 3 (S.C.). 2. Referring to the deci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contended that since the item namely 'Fairway Lamp' has not been used in the process of manufacture of the finished products namely tyre, there is no justification of allowing Modvat credit holding that the item is eligible 'Capital Goods' in terms of Rule 57Q of the Central Excise Rules. 3. On the other hand, the representative of appellants submitted that the Fairway Lamps are used in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
