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M/s ICI India Limited Versus CCE, Bhopal

2016 (7) TMI 1137 - CESTAT NEW DELHI

Eligibility for Modvat credit of duty paid on capital goods under the then Rule 57Q of Central Excise Rules, 1944 - Held that:- An identical matter came up for decision by the Tribunal in respect of the same appellant. The Tribunal in the decision (1 .....

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e appellant and the same is accordingly dismissed. - Excise Appeal No. 3920 of 2005 (SM) - Final Order No. 51804/2016 - Dated:- 18-5-2016 - Shri B. Ravichandran, Member (Technical) For the Appellant : Shri Rahul Kumar, Advocate For the Respondent : S .....

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are engaged in the manufacture of bulk explosives liable to Central Excise duty. Different raw materials as also semi-finished goods are carried in compartmentalized bulk delivery pump truck to the designated bore hole site. There with the help of th .....

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engine etc. under the category of capital goods. The appellants claimed that the special delivery truck is essentially a mobile plant/factory without which production/ delivery of their finished goods cannot take place. As such they claimed that cre .....

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are not eligible for credit. On appeal, the Commissioner vide the impugned order dated 04/10/2004 upheld the original order. The lower Authorities in their concurrent finding held that the special purpose motor vehicle/mobile bulk delivery pump is me .....

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