TMI Blog2013 (10) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... red opinion the principle laid down in the aforesaid case squarely applies to the provisions of Rule 57T also as the amendment made by Notification dated 9th February, 1999 was in similar words. MODVAT Credit on Capital Goods - Whether Modvat credit is admissible on the capital goods falling under S.H. 7219.20 which are not recovered under the definition of capital goods - Held that:- he Tribunal had not committed any legal infirmity in allowing Modvat credit in respect of stainless steel plates, stainless steel aisis - So far as the question of Modvat credit in respect of CI coils/Plates of stainless steel was concerned we may mention here that the Tribunal had remitted the same to the Adjudicating Authority to decide as to whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tainless steel. The Adjudicating Authority had denied Modvat credit in respect of stainless steel plates and aisis on the ground that credit was taken before filing the necessary declaration under Rule 57T of the Central Excise Rules, hereinafter referred to as the Rules. Further the adjudicating authority had denied the Modvat credit in respect of parts and components of PD pumps on the ground that they were not covered under the definition of capital goods. In respect of C.I. coils/plates of stainless steel the credit was denied on the ground that they were not covered under the definition of capital goods as these are classifiable under the Heading 7219.20 of the Central Excise Tariff Act, 1985. The appeal preferred by the assessee faile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the Notification dated 9-2-1999 amending Rule 57T of the Rules was prospective in operation and could not give the benefit in respect of the credit availed on 29th August, 1998. The submission is wholly misconceived. We may mention here that similar matter came up for consideration before this Court in Central Excise Appeal No. 170 of 2004 (Commissioner, Central Excise, Allahabad v. M/s. Hindalco Industries Ltd.) decided on 6th February, 2012. This Court after referring to Rule 57G and amendment made by Notification No. 7/99 dated 9th February, 1999 had held that the benefit of notification dated 9th February, 1999 would be available to all pending cases. The aforesaid decision related to Rule 57G of the Rules but in our considered ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
