1999 (7) TMI 269

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....volved in the appeal preferred by Revenue is whether capital goods credit is admissible in respect of Transformer under Rule 57Q of the Central Excise Rules in February, 1995. 2. No one was present on behalf of the respondents M/s. Viking Engg. (I) Pvt. Ltd. However, as the issue is no more res-integra in view of the decision of the Larger Bench in the case of Jawhar Mills Ltd. v. C.C.E., Co....

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.... Mills case, supra, considered the scope of capital goods eligible for capital goods credit under Rule 57Q of the Central Excise Rules. The Tribunal, after referring to the Supreme Court's decision in C.C.E. v. Indian Farmers Fertilizer Corp. Ltd., 1996 (26) E.L.T. 177 (S.C.), J.K. Cotton Spg. & Wvg. Mills Co. Ltd. v. STO, 1997 (91) E.L.T. 34 (S.C.) and Gujarat High Court's decision in Industrial ....

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....above, the issue as to whether the amendment effected in Notification 11/95, dated 16-3-1995 under Rule 57Q and Notification 14/96-C.E., dated 23-7-1996 is retrospective, becomes academic. We have to decide the matter according to the language of the provision as it stood at the material time. We are required to examine Explanation 1 (a) as it stood in 1994-95 and 1995-96 and we therefore, see for....