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Issues: Whether electric motors, hydraulic tracer and flat template were eligible for Modvat credit as capital goods under Rule 57Q of the Central Excise Rules.
Analysis: Electric motors were held to be entitled to Modvat credit as capital goods in earlier Tribunal decisions, being prime movers necessary for machine functioning. The hydraulic tracer and flat template were treated as components of lathe machines used in manufacture of the final product. The Revenue did not produce evidence to rebut the finding that these items were parts of machinery used in production.
Conclusion: The goods in question were eligible for Modvat credit as capital goods and the Revenue's challenge failed.
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