1996 (7) TMI 241

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....nt, for the Respondents. [Order]. - By the present appeal, the Commissioner, Central Excise has assailed the order of the Commissioner (Appeals) holding that electrical transformer and electronics panel board are not eligible for Modvat credit under Rule 57Q of the Central Excise Rules, 1944. 2. The facts of the case are that the respondents herein procured electrical transformers an....

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....under Notification No. 11/95-C.E. (N.T.), dated 16-3-1995 but he submits that the case pertains to the earlier period and therefore, the items added w.e.f. 16-3-1995 cannot qualify for Modvat credit for the period 16-3-1995. He submitted that transformers were added to the list of items of capital goods only w.e.f. 16-3-1995, therefore, they will not be covered for the period prior to that. The ld....

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....f by amending Rule 57Q w.e.f. 16-3-1995. He submits that once the department has accepted that the transformer is a capital goods, the date becomes irrelevant. He therefore, submitted that transformer is a capital goods and as such they were entitled to the benefit as has rightly been held by the Commissioner (Appeals). 5. On the question of electronics controlled panel board, the ld. Coun....

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....pugned order may be upheld. 6. Heard the submissions of both sides. On careful consideration of the submissions, I find that insofar as electrical transformer is concerned, it has already been included as capital goods item w.e.f. 16-3-1995. I do not see any logic not to treat it as capital goods, therefore, the date of declaration of this item becomes immaterial. In this view of the matte....