2001 (12) TMI 563

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....r, Advocate, for the Respondent. [Order]. - This appeal is by the Revenue challenging the order of the Commissioner (Appeals) allowing Modvat credit to the respondents on Bus Duct as capital goods under Rule 57Q of the Central Excise Rules, 1944. 2. I have examined the records and heard both sides. 3. Ld. JDR, Shri V.K. Verma reiterates the grounds of this appeal. He further ....

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.... Advocate, Shri R. Sudhinder, on the other hand, submits that the finding recorded in the impugned order to the effect that Bus Duct is an accessory/part of the machinery/plant has not been challenged by the appellants and, therefore, the goods should be held to be eligible capital goods under Rule 57Q. He also submits that the Notification referred to by ld. DR has no retrospective effect. It is ....

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....ave to hold that the Bus Duct is squarely covered by the definition of capital goods under Rule 57Q. The Notification cited by ld. JDR has no bearing on this question. The period of dispute is December, 1995. Even for period prior to 23-7-96, the pre-existing provisions of Rule 57Q squarely covered accessories/parts of plants and machinery as capital goods. As rightly pointed out by ld. DR, the is....