9911796707
TMI Blog2013 (12) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... t: Mr. G. Shivadass, Advocate For the Respondent: Mr. Ganesh Havannur, Additional Commissioner (AR) ORDER Per: P. G. Chacko; This application filed by the appellant seeks waiver of pre-deposit and stay of recovery against the adjudged dues including an amount of Rs.42,63,285/- being the MODVAT credit denied to the appellant. After perusing the records and hearing both sides, we find that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner (Appeals) also quoted from a circular of the Board (which was issued in the context of the 1995 Budget) which had clarified to the effect that any equipment purchased by a manufacturer of excisable goods but not used within the factory would not be modvatable as 'capital goods' under Rule 57Q and that MODVAT credit would not be disallowed so long as the goods claimed to be 'capital goods' were ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circular is prima facie of no significance. Therefore, we have perused the manner of use of various items in question and have prima facie found good reason to hold that the said goods can be brought within the purview of the definition of 'capital goods' under Rule 57Q as this rule stood during the material period. In the result, there will be waiver of pre-deposit and stay of recovery as prayed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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