TMI Blog2017 (1) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... " satisfy the requirement so as to constitute 'component' of items mentioned in column nos. 1 to 4 of table in Rule 57Q(1) of Rules, 1944 - decided against assessee. Appeal allowed - decided partly in favor of assessee and partly in favor of Revenue - Central Excise Appeal No. 5 of 2012 - - - Dated:- 10-1-2017 - Hon'ble Sudhir Agarwal And Hon'ble Ravindra Nath Mishra-II, JJ. For the Appellant : Rajesh Singh Chauhan For the Respondent : P. K. Sinha ORDER 1. This is an appeal under Section 35-G of Central Excise Tax Act, 1944 (hereinafter referred to as Act, 1944 ) at the instance of Revenue, i.e., Commissioner, Central Excise, Lucknow. This appeal has arisen from the judgment and order dated 14.07.2011 pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T 321 (SC) has referred the identical issue before the Hon'ble Chief Justice of India for constituting a Larger Bench to decide the issue. 4. The period of dispute for which CENVAT Credit has been accepted is from 2002-03 to 2006-07. This Court finds that in the period of July' 2002 to 9.9.2004, matter of CENVAT Credit was governed by CENVAT Credit Rules, 2002 (hereinafter referred to as Rules, 2002 ) and thereafter by CENVAT Credit Rules, 2004 (hereinafter referred to as Rules, 2004 ). The term 'Capital Goods' was defined in Rule 2 (b) of Rules, 2002 and Rule 2(a) of Rules, 2004 as under: Rules, 2002: (b) capital goods means:- (i) all goods falling under Chapter 82, Chapter 84, Chapter 85, Chapter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t) and (zzw) of clause (105) of section 65 of the Finance Act; 5. It is admitted by the parties that the Heading of Chapter 8311 is not included specifically in the definition of 'capital goods'. The Assessee, however, relied on Rule 2(b)(iii) of Rules, 2002 and Rule 2(a)(A)(iii) of Rules, 2004, and contended that 'Welding Electrodes' would come within the term 'components' so as to fall within the category of 'capital goods'. 6. The definition of 'capital goods' under Rule 2(b) of Rules, 2002 and Rule 2(a) of Rules, 2004 is exhaustive in the sense that it clearly specifies what 'capital goods' would mean. The items which fall under certain chapters of Central Excise Tariff Act are sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al goods' specified in Rule 57-Q of Rules, 1944 and there is no substantial difference therein. 7. Considering a similar argument in the context of Rule 57-Q of Rules, 1944, as it stood in 1999, similar question and submissions have already been considered by this Court recently in Central Excise Appeal No. 135 of 2005 (M/s Upper Ganges Sugar Industries Ltd. Vs. Commissioner Customs Central Excise) decided on 25.2.2015. 8. For the reasons given in the judgment dated 25.2.2015 in M/S Upper Ganges Sugar Industries Ltd. Vs. Commissioner Customs Central Excise (supra), the aforesaid questions of law are answered in favour of Revenue and against Assessee. 9. Appeal is, accordingly, allowed. The order of Tribunal dated 14.07. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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