2001 (4) TMI 309

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... JDR, for the Appellant. None, for the Respondent. [Order]. - The assessees M/s. Laxmi Precision Screws Ltd., are the manufacturers of nut, bolts, screws and parts falling under Chapter Sub-heading 7318.00, and 8714.00 of Central Excise Tariff Act, 1985. The Asst. Commissioner of Central Excise, Rohtak vide his order dated 28-10-96 disallowed the Modvat credit totally amounting to Rs. 6,6....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....lding the order passed by the lower Appellate Authority. 3. The Revenue have filed the present Reference Petition for referring the following question of law to the Hon'ble High Court : "In the facts and circumstances of this case whether the Appellate Tribunal is correct in holding that the measuring instruments is a capital goods as defined under Rule 57Q of the Central Excise Rules, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g used; and in the absence of any specific requirement that the use should be directly in the production or processing of goods, warrant a wider meaning being assigned to the word "plant" in that definition, and not limit it only to things which directly go into the production process. It would include goods which are necessary to make that production process possible. Power being essential to the....