TaxTMI 
TaxTMI 
2002 (2) TMI 845
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....sp; Lightning Arrestors (v) Bearing (vi) Teeming Compound (vii) Hot Top (viii) Foundry Fluxes and Chemicals (ix) Castable Mortar (x) Nozzles (xi) Bars and Rods (xii) Graphite Stopper Heads 2. Examined the records and heard both sides. Ld. JDR Sh. H.C. Verma reiterates the grounds of the appeal. Ld. Advocate Sh. Siddharath Sen argues in support of the findings of the lower appellate, authority and relies on the following decisions of the Tribunal :- (i) Nahar International Ltd. v. CCE, Chandigarh [2000 (123) E.L.T. 767] (in support of the respondents' case that Teamin....
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....the Revenue is to the effect that none of the goods in question was covered by the definition of capital goods under Rule 57Q as that rule stood during the material period. The appellant states that the goods became eligible capital goods for Modvat credit only after the amendment of Rule 57Q by Notification No. 11/95-C.E. (N.T.), dated 16-3-95 and, therefore, the credit taken on the goods in 1994 would not be admissible. The Revenue, however, appears not to have examined the question whether the goods would qualify to be capital goods for Modvat credit under the pre-existing provisions of Explanation (1) to Rule 57Q(1). Clauses (a), (b) and (c) of Explanation (1), which defined capital goods were in existence during the period of dispute (....
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....all the goods in question were used in the process of manufacture of final product in the assessees' factory. Without any effective challenge to this finding, the Revenue cannot succeed in having the order of the Commissioner (Appeals) set aside. I further note that the items mentioned at Sr. Nos. vi, vii, viii and xii have been held to be eligible capital goods under Rule 57Q by this Tribunal in Nahar International Ltd. (supra). The item mentioned at Sr. No. iv viz. Lightning Arrestor has been found to be a part of the electrical equipment installed in the 66 KV Sub-Station, which controls the power supply to various equipments in the assessees's factory. Being an electrical item, it is squarely covered as an eligible capital goods by the ....