1997 (11) TMI 322

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.... on the facts and in the circumstances of the case the Hon'ble Tribunal is right in disallowing the Modvat credit in respect of the duty paid on "Hydrochloric Acid" (Hcl) and "P.M. Acetate" (PMA) by taking an inconsistent view with the one adopted in allowing Modvat credit in respect of the duty paid on "Soda Ash" and "Alfoc"? (b) On the facts and in the circumstances of the case, is the Hon'ble Tribunal correct in holding that Modvat credit is not allowable in respect of duty paid on Hcl and PMA even while they are needed in relation to the manufacture of paper - the process of manufacture necessiating or entailing both functionally and statutorily (under Factories Act etc.) maintenance of the machinery - without taking into reckon....

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....te goods from the Machines & Tools?  (b) Is the Hon'ble Tribunal's imputation that if Machines & Tools are exluded from Modvat relief scheme ipso facto the same be extended to parts (consumables) also no matter that parts (consumables) are distinct goods from Machines and Tools, correct in law ? (PRAYING FOR KIND REFERENCE TO ANNEXURE III, ENCLOSED FOR PREAMBLE AND GROUNDS) 2. In order to appreciate the above said application, the brief facts are to be narrated, which are as follows: The issue which was canvassed before the Tribunal was with respect to the denial of the Modvat credit in respect of the following items : (i) Chipper Knives (ii) Wire netting (iii) Dandy Covers (iv) Woollen felts (v) Tr....