2004 (10) TMI 412

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..... . [Order]. -  Heard both sides and perused records. The issue raised is whether credit was available to the appellant in respect of H.V. Transformer received by them under Rule 57Q. The appellant's declaration mentioned the items as under :- Sl. Name, Brand Name & Description Name Sub-heading Sub-Sl. No. In def. of capital goods u/r 57Q(1) Process/Usage of each item in brief (attach se .....

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..... t stood at the time of the appellant's claim, credit was available on all goods falling under Chapter 85 [57Q1(b)] other than the items falling under certain headings specified therein. Transformer in question fall under 8504. It is not one of the items excluded under the rule. Learned Counsel appearing for the assessee has submitted that when eligibility of credit is specified in terms of classif .....

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..... o for H.V. Transformer falling under 8504. Goods falling under 8504 are eligible for credit. Any further amplification made by the appellant about the use of the item is not relevant. The order of the lower authorities is contrary to the scheme of credit under the Rule. They cannot be sustained. Assessee was clearly eligible for Modvat credit on the H.V. Transformer in question. In the result, the .....

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