2002 (2) TMI 950

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....evenue is aggrieved with the order-in-appeal No. 23 2000 (T) (MJ), dated 31-1-2000 by which the Commissioner (Appeals) has considered the following items as capital goods within its meaning industrial solvent SS-25, silica gel (KC - Trokenperten), PTFE teflon tapes, trichloroethylene, aquachem and crysol cu/132 trichloroethylene. 2. In order-in-appeal, in para 6, he has brought out the funct....

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....spect of PTFE Teflon tapes. He also points out to order-in-original wherein the Assistant Commissioner had noted that the items are more a lubricating oils and that the goods which were used to produce, process or bring about any change in the manufacture of the final goods were considered as capital goods and that wider latitude is not available now. He has noted that the items and their use do n....

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....that the Commissioner has referred to Circular No. 276/110/96-CX., dated 2-12-1996. 5. On a careful consideration I notice that the Board's Circular referred to by ld. Chartered Accountant and the Commissioner merely spells out that capital goods as accessory for credit have been explained Explanation (1) Annexed Rule 57Q Clause (a) & (c) and the said explanation covers specially capital goo....

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....eaking order. The order-in-original also does not go in detail as to what capital goods are? Ld. Chartered Accountant points out to para 2 of the impugned order wherein it is recorded that the assessee had filed declaration under Rule 57A also. If this be the case then their claim for benefit under Rule 57Q is required to be examined. In the absence of clear cut finding it is but proper that the i....