2002 (7) TMI 313

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....der]. - The Appellants, who were engaged in the manufacture of biscuits, purchased and installed storage tanks in their factory for the purpose of storage of sugar syrup and compressed/liquefied gas and took Modvat credit, amounting to Rs. 1,73,425/-, on such tanks in March, 2000, treating the goods as capital goods under Rule 57Q. The department proposed to disallow the credit, alleging that th....

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....td. [2001 (132) E.L.T. 3 (S.C.)]. He also relied on this Tribunal's decisions in the cases of Dabur India Ltd. v. CCE [1998 (98) E.LT. 674], M/s. S.R.F. Ltd. v. CCE, Jaipur [1999 (106) E.L.T. 317 (Tribunal)] and NRC Ltd. v. CCE, Mumbai-III [2001 (137) E.L.T. 362 (Tribunal) = 2001 (97) ECR 371 (Tribunal)], wherein storage tanks were held to be eligible capital goods for Modvat credit under Rule 57Q....

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....n question (March, 2000). The DR, in this connection, relied on this Tribunal's Larger Bench decision in CCE, Indore v. Surya Roshni Ltd. [2001 (128) E.L.T. 293 (Tribunal-LB)]. 5. Considered the submissions. 6. The period in question is March, 2000. Under Rule 57Q as it stood during the said period, goods falling under Chapter 73 of the Schedule to the Central Excise Tariff Act were no....