2005 (7) TMI 468

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..... nagar, DR, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. 2.Appellant filed this appeal against the order passed by the Commissioner (Appeals) whereby the benefit of Modvat credit in respect of storage tanks was disallowed on the ground that storage tanks are merely used for the purpose of storage of gases manufactured by the appellant.  3.The appellants .....

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..... oxygen-nitrogen plant.  5.The contention of the Revenue is that the storage tanks are classified under Chapter 73 and during the period in dispute the goods falling under Heading 73 are not covered the definition of capital goods. The appellant also relied upon the decision of the Tribunal in the case of CCE, Jaipur v. Guljag Industries Ltd., reported at 2003 (157) E.L.T. 302 and in the case .....

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..... ing the provision of Rule 57Q of Central Excise Rules in respect of storage tanks which are used for the storage of gases allowed the benefit of Modvat credit in the case of CCE v. Industrial Oxygen Co. Ltd., (supra).  8.We find that industrial gases are stored in the specially designed tanks to prevent evaporation and leakages. These storage tanks are essential for storage of the industrial .....

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