TaxTMI 
TaxTMI 
1998 (3) TMI 286
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....e Respondent. [Order]. - This is a reference petition on this Tribunal's Order-in-Order No. 775/1997, dated 26-3-1997. In the said order, the Hon'ble Bench of this Tribunal have denied the Modvat credit on Wires & Cables under capital goods. 2. Heard Shri J. Shankarraman, ld. Advocate for the petitioners. He submitted that there is a divergence of opinion between this Bench of the Tr....
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....the decisions cited supra. 4. Shri Raman thereafter argued that in view of settled legal position that when there are divergent decisions by various Benches of the Tribunal, particularly, with reference to the availability of Modvat credit on an item, therefore the question of law arises which has to be referred to the Hon'ble High Court for resolution. He cited 1996 (83) E.L.T. 427 (T) - ....
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....nion has been clearly demonstrated by the decisions of NRB Bench cited supra. It is also clear settled law that in case of divergent opinion on the availability of any item to Modvat credit the question of law under Rule 57A or Rule 57Q, as the case may be, does arise. In 1996 (83) E.L.T. 427 and 1997 (89) E.L.T. 147 such matters were referred to the Hon'ble High Court. The moot point for decision....
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....ule 57Q of Central Excise Rules, 1944? 2. Whether wires and cables are covered by para 1(a) or 1(b) of Explanation to Rule 57Q of Central Excise Rules, 1944 particularly when the scope of the term capital goods is very wide? 3. Whether the Appellate Tribunal is correct in holding that wires and cables are not capital goods particularly when the Finance Minister in his 1996 Budget s....