TaxTMI 
TaxTMI 
1999 (6) TMI 69
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.... H.K. Saran, SDR, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - This is an appeal against denial of Modvat credit on capital goods under Rule 57Q of the Central Excise Rules, 1944. 2. The facts of the case briefly stated are that the appellants are manufacturer of synthetic rubber and ethyl alcohol. They were availing Modvat facility under Rule 57A on inputs and ....
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....d by this order, the appellants have filed the captioned appeal before us. 3. Shri Kapil Vaish, Chartered Accountant appeared for the appellants and submitted that the applicants had prepared a chart indicating the date of filing the declaration and the description of the goods, their function and location in the plant and machinery. He submitted that in the cases ennumerated in the chart,....
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....plex reported in 1998 (102) E.L.T. 750 and therefore submitted that these were spare parts covered under Explanation to Rule 57Q of the Central Excise Rules, 1944. He submitted that the item at S. No. 4 which are spares for pump, items at S. No. 5 & 6 are spares for repair of pump, repair of tube well pump, spares for repair of gear box. Ld. CA submitted that industrial valves are used for control....
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.... since they were parts or components of the rubber plant they were capital goods. Ld. Chartered Accountant submitted that all other items were also in the form of Spares for the plant and machinery used by them. When questioned about chemical spray for dye penstrant test, ld. Chartered Accountant could not explain as to how this was capital goods. 5. Shri H.K. Saran, ld. DR appeared for th....