https://www.taxtmi.com/caselaws?id=48266 Modvat credit under Rule 57Q of the Central Excise Rules, 1944 could not be denied merely because the goods were used in assembly of a fire hydrant system and were alleged to be capital goods. The controlling question was whether those goods fell within the specific exclusion in Rule 57Q. The Tribunal had found that they did not, and no material was produced to dislodge that finding. On that basis, the exclusionary clause was held inapplicable and the Revenue's challenge failed. The principle stated is that classification as capital goods alone is insufficient to deny credit unless the goods are shown to fall within the express exclusion. en-us Tue, 10 Oct 2006 00:00:00 +0530 Tue, 03 Aug 2010 15:19:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=48266 Modvat credit under Rule 57Q of the Central Excise Rules, 1944 could not be denied merely because the goods were used in assembly of a fire hydrant system and were alleged to be capital goods. The controlling question was whether those goods fell within the specific exclusion in Rule 57Q. The Tribunal had found that they did not, and no material was produced to dislodge that finding. On that basis, the exclusionary clause was held inapplicable and the Revenue's challenge failed. The principle stated is that classification as capital goods alone is insufficient to deny credit unless the goods are shown to fall within the express exclusion. Case-Laws Central Excise Tue, 10 Oct 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=48266