2001 (9) TMI 682

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....ant. Shri A. Jayachandran, DR, for the Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. -  The assessee and revenue both have filed appeal and stay application against Order-in-Appeal No. 5/2000 (H-I) (D) C.E., dt. 7-11-2000. 2. In this order, the Commissioner has rejected the claim of Modvat credit with regard to the item compressors and its accessories like stop va....

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....e of Madurai Coats Ltd. v. Comm. of C. Ex., Trichy 2000 (116) E.L.T. 577 (Tribunal) that the items are to be considered as capital goods. Therefore, he also relies on the judgment of North Region Bench, CC Meerut v. Modi Xerox Ltd., wherein the revenue appeal was rejected. Revenue had challenged the grant of Modvat credit on chilled water coolant used for air handling unit meant for bringing down ....

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....nt rendered by this bench in the case of Tapioca Products v. Comm. of Central Excise, Cochin 1999 (107) E.L.T. 545 (Tribunal) and submits that the issue is covered one and the revenue appeal and stay application should be rejected. 7. On a careful consideration of the submissions made, we noticed that the issue in the assessee's appeal is covered by the Larger Bench Judgment rendered by th....