2003 (5) TMI 400

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..... Respondent. [Order]. - Both the appeals involve the similar issue, therefore, taken up together. 2. In this case the benefit of Modvat credit on the parts of capital was denied on the ground that the credit was taken properly to the installation of the parts of the capital goods. 3. Heard both sides. 4. The appellants availed the credit on the following parts of the capital g .....

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..... n capital goods and rule 57Q(2) of the Central Excise Rules provides as under :- "(2)    Notwithstanding anything contained in sub-rule (1), - (i)       no credit of the specified duty paid on capital goods (other than those capital goods in respect of which credit of duty was allowable under any other rule or notification prior to the 16th day of Mar .....

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..... may be, the manufacturer shall be allowed to take credit on the date on which such capital goods are so removed by him from his factory on payment of appropriate duty of excise leviable thereon." 7. As per reading of the above Rule, the condition for taking credit on capital goods is not applicable in respect of components, spare parts and accessories of the capital goods. Therefore, the im .....

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