1998 (8) TMI 331

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... appeals on merits. 2. Heard learned Advocate Shri V. Raghuraman for appellants and Smt. Aruna Gupta, learned JDR for Revenue. 3. Learned Advocate submits that the issue is denial of Modvat credit under capital goods on 7 items as follows :- S.No. Item Amount   Reasons for Rejection 1. Oxygen and Acetylene Gas 3,377.50 (credit date March/ April '95)   Not capital goods 2. Refractories 4,375.00 (credit date April '95)   (a) Eligible for Modvat credit only from 16-3-1995. (b) Goods received on 26-10-1994 and declaration filed on 12-12-1994. Credit taken in April '95.         (c) Credit taken on original invoice. 3. Air-filter Regu....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... records of the case and my item-wise considered findings are as under :- Sr. No. 1 : OXYGEN GAS & ACETYLENE : Since they are admittedly used to weld pipes carrying sugarcane juice and get consumed in the process, they are consumables and not capital goods. This view is supported by 1995 (79) E.L.T. 417 (Tribunal) (supra). Therefore credit on these items are not available under law. Sr. No. 2 : REFRACTORIES : Vide Final Order No. 629/98, dated 24-3-1998 this very Tribunal has allowed Modvat credit as capital goods by applying the ratios of a) Jindal Strips - 1998 (98) E.L.T. 747 (T) b) Shri Ramakrishna Steel Industries - 1996 (86) E.L.T. 613 (T) The same ratios are respectfully applied here and it is held that credit is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n on original invoice, the ratio of aforesaid case-law applies, and credit taken is lawful. Sr. No. 4 :  LUBRICATING OILS & GREASES : I find that due to reasons discussed in respect of Sr. No. 3 above, credit on original invoice taken in April' 95 is correctly taken in this case. The second reason in impugned order is that no brand name has been declared. Absence of brand name does not change the nature of declaration of product from lubricating oil & greases to something else. Therefore, the generic description in the declaration is sufficient to identify it and cannot be a reasonable ground for denial of credit. Sr. No. 5 : NICKEL MICRO SCREEN : The credit involved is Rs. 791.20. Appellants aver that credit was taken on d....