Dismissal of Modvat credit claim petition under Central Excise Act upheld, citing capital goods definition.

The High Court of Punjab & Haryana dismissed a petition under Section 35H(I) of the Central Excise Act, 1944 regarding Modvat credit claim disallowed by the Assessing Authority. The court upheld the Commissioner's order, affirming that the goods in question are capital goods as defined under Rule 57Q of the Central Excise Rules, 1944. The court cited a Supreme Court decision against the Revenue and dismissed the petition due to a filing delay.

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The High Court of Punjab & Haryana at Chandigarh dismissed a petition under Section 35H(I) of the Central Excise Act, 1944 regarding Modvat credit claim disallowed by the Assessing Authority. The Commissioner reversed the order, which was upheld by the Tribunal. The Revenue's appeal was dismissed by the Tribunal, and the court held that the goods in question are capital goods as defined under Rule 57Q of the Central Excise Rules, 1944. The court dismissed the petition due to a delay in filing and cited a Supreme Court decision that concluded against the Revenue.

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