1998 (8) TMI 247

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... for the Respondents. [Order]. - In this appeal filed by the Revenue, the respondents are M/s. Aksh India Ltd. and the matter relates to the eligibility of the water process generator classifiable under Heading No. 84.05 of the Central Excise Tariff to the benefit of Modvat credit under Rule 57Q of the Central Excise Rules. The respondents are engaged in the manufacture of jelly filled optic....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... process of manufacture of the jelly filled optical fibres cables and submitted that without the water process generator, the jelly could not remain filled in the various strends of the cables in view of very high temperature at the stage of insulation with molten PVC. He submitted that the Commissioner of Central Excise (Appeals) had taken a correct view in the matter. 5. I have carefully....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e function which is not in the nature of producing/processing of any goods nor does it bring about any change in any substance and hence would not be entitled to Modvat. I am not fully convinced with the argument of Assistant Commissioner. As per the details given and the functioning of the generator, which has been explained, in the optical fibre glass manufacturing unit and the jelly filled cabl....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pinning Mills (P) Ltd. - 1997 (89) E.L.T. 84, where the Tribunal had held that the definition of capital goods in Rule 57Q was restricted and related to the goods used for production, processing and for bringing out any change in any substance for the manufacture of the final products. I find that as discussed by the appellate authority, the final products in this case could not be obtained withou....