2001 (1) TMI 423

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.... [Order]. - The Respondents manufacture 'Cotton Blended Yarn' classifiable under Chapter sub-heading 5205.11/5206.11 of the Schedule to the Central Excise Tariff Act, 1985. The Asstt. Commissioner of Central Excise, Chandigarh vide his Orders dated 19-11-1997 and 27-1-1998 held that the modvat credit totally amounting to Rs. 5,41,450/- availed by them on the capital goods viz., 'Electrical Contr....

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....jected the appeal of the Department. The Revenue is in appeal against the order passed by Commissioner (Appeals). 2. I have heard Shri M.D. Singh, SDR for the Revenue appellants and Shri S.K. Gupta, Chartered Accountant for the Respondents. It is argued on behalf of the Revenue that prior to the changes brought out by the Budget - 1996-1997 on 27-3-1997, the Chapter sub-heading in respect of....

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....1996. Therefore, the Modvat credit in respect of them was not covered under the definition of the capital goods at the relevant time and the same is not admissible. 3. I have considered these submissions. As observed in the Order-in-Original, the definition of capital goods at the relevant time covered, Machine, Machinery Equipment, apparatus, tools and apparatus used for producing or proces....