1998 (11) TMI 253

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....ocate, for the Respondents. [Order]. -  In this appeal filed by the Revenue, the issue for consideration is whether the credit of the duty paid on the "Fork Lift Truck" received by the respondents M/s. Kitply Industries Ltd. prior to 16-3-1995 was eligible under the provisions of Rule 57Q of the Central Excise Rules, 1944 (hereinafter referred to as Rules). The respondents had filed a d....

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.... Ltd. 2. I have heard Shri S.N. Ghosh, JDR and Shri P.K. Chatterjee, Advocate. I have gone through the facts on record. 3. Shri S.N. Ghosh, JDR submitted that it was only from 16-3-1995 that `Fork Lift Truck' became eligible for Modvat credit under Rule 57Q of the Rules and that admittedly the goods had been received in the year 1994 and that no retrospective effect could be given ....

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....e "equipment" was included in the definition of capital goods. In the present case, the respondents were engaged in the manufacture of plywood and were required to handle heavy raw material in the shape of wood, logs, veneer and other in-process materials. The Tribunal in the case relied upon by the Commissioner (Appeals) observed that the term `capital goods' had to be read in the context of the ....