1998 (4) TMI 242

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.... Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - In this case, the applicants are contesting the denial of Modvat credit of a sum of Rs. 1,66,998/-. Out of this amount, Modvat credit of Rs. 1,27,775/- has been denied on the ground that the items in question are not capital goods within the meaning ascribed thereto in the explanation to Rule 57Q and an amount of Rs. 39,223/- has been....

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....producing or processing the final products. He submits that the Tribunal has already held that Transformers, Static Converters and Current carriers are capital goods entitled to credit. Regarding copper wire, he submits that this is used for re-winding of motors required for running pumps and fans and blowers and there is no reason why the copper wires used for fans and blowers should not be entit....

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....e that credit can be taken only on duplicates and this decision of the Tribunal has been followed in the case of Lupin Laboratories (Final Order No. 107/98-NB, dated 3-3-1998). He therefore, submits that the appellants have made out a prima facie case for waiver of the duty amount and penalty is also not warranted and therefore, the requirement of pre-deposit may be dispensed with and recovery of ....