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    <title>2005 (6) TMI 176 - CESTAT, NEW DELHI</title>
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    <description>Entitlement to Modvat credit under Rule 57-Q turned on the actual use of the goods in the factory, not the tariff classification shown in the supplier&#039;s invoice. Plates, sections, columns, staging material and similar items used to raise civil structures, including platforms and supporting arrangements for machinery and equipment, were treated as civil construction inputs and therefore did not qualify as capital goods. Decisions cited for the assessee were distinguished on their facts because they involved different uses and, in some instances, technological structures rather than civil construction. The disallowance of Modvat credit was upheld and the assessee&#039;s claim failed.</description>
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    <pubDate>Fri, 10 Jun 2005 00:00:00 +0530</pubDate>
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      <title>2005 (6) TMI 176 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=54464</link>
      <description>Entitlement to Modvat credit under Rule 57-Q turned on the actual use of the goods in the factory, not the tariff classification shown in the supplier&#039;s invoice. Plates, sections, columns, staging material and similar items used to raise civil structures, including platforms and supporting arrangements for machinery and equipment, were treated as civil construction inputs and therefore did not qualify as capital goods. Decisions cited for the assessee were distinguished on their facts because they involved different uses and, in some instances, technological structures rather than civil construction. The disallowance of Modvat credit was upheld and the assessee&#039;s claim failed.</description>
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      <pubDate>Fri, 10 Jun 2005 00:00:00 +0530</pubDate>
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