2001 (7) TMI 547

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....yay, Consultant, for the Respondent. [Order]. -  The Revenue has filed the present appeal against the orders of the Commissioner (Appeals) vide which he has rejected the Revenue's Appeal filed before him. 2. The dispute relates to the Modvat credit of Rs. 6,57,614/- availed by the respondents on 13 items as capital goods. The respondents Judicial Central Excise Authorities were ....

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.... actually an electric generator. Classified under tariff Heading 8501.00. The same was included in the Sl. No. 82 of the declaration dated 25-5-1994. Invoice No. 04060, dated 20-2-1996 of M/s. Jyoti Ltd., Vadodara under which the same item was purchased also shows the tariff Heading as 8501.00. (2) The appellant pointed out that they received the turbine in March '96 and started availing t....

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....mpugned order considered the submissions made by the respondents and recorded his finding as under : - "(1) It was alleged that "three phase horizontal brushless alternator and AVR are parts of generator and their classification also varies. But in review order no alternative classification for this item were smuggled. Rather, the appellant produced invoice for purchase of the same which c....

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.... is classifiable under 8501.00 and declared in Sl. No. 82 of declaration dated 25-5-1994. AVR is also classifiable under 8501.00 and declared in Sl. No. 82 of declaration dated 25-5-1994. So the allegation that declaration was not submitted for those items does not appear to be correct. The appellant also submitted declaration for cable on 21-10-1995 and acknowledged on 26-10-1995. Hence the alleg....