1998 (6) TMI 165

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.... - Short question involved in this appeal is whether on taking Modvat credit in respect of electric wires and cables under Rule 57Q as capital goods the respondents herein are liable to be imposed with a penalty under Rule 173Q or not. 2. In order to examine the aforesaid question, brief facts which are relevant are given below. 3. The respondents herein took Modvat credit to the tun....

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....lowance of the Modvat credit made by the lower authorities. It is stated by the ld. Representative Sh. J.S. Sharma, Vice President of the respondent company that the matter has been kept in abeyance inasmuch as the question of admissibility of Modvat credit on electric wire and cables under Rule 57Q has been referred to larger bench by judgment of Single Member of South Regional Bench. 4. Ld....

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....electric wires and cables have been held by a number of judgments of the Tribunal as capital goods on which Modvat credit is admissible. In this connection, he cites the following five judgments wherein the Modvat credit had been allowed :- (i) 1996 (88) E.L.T. 532 CCE v. Nova Udyog Ltd. (ii) 1997 (96) E.L.T. 170 (T) = 1997 (22) RLT 313 Ashoka Industries v. CCE (iii) 1997 (96) E.....