2006 (5) TMI 365

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..... dent. [Order]. - Heard both sides. The issue relates to availment of credit on polyester resins. 2. Ld. JDR appearing on behalf of the Revenue submits that the item in question is not covered in the definition of the capital goods under Rule 57AA of the Central Excise Rules, 1944. Rule 57AA Definitions. - For the purpose of this section :- (a)     "Capital goods" mea .....

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..... e "Explanation 2" was inserted vide Notification No. 6/2001, dated 1st March, 2001. The "Explanation 2"of the notification provides that inputs include goods used in the manufacture of capital goods which are further used in the factory of the manufacturer. His contention is that the notification is applicable w.e.f. 1-3-2001. Therefore, the order of Commissioner (Appeal) is contrary to the specif .....

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..... al product can be manufactured without the fabrication of tubes and pipes necessary for the manufacture of the final product for which the items in question have been used. That being the position and the subsequent addition of explanation 2 permitting the credit, legislature did not intend to deny the credit on such item. 4. After hearing both sides and perusal of the records, I find that s .....

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