2002 (2) TMI 959

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....ufacture Sugar & Molasses falling under Chapter 17 of Central Excise Tariff Act, 1985. The Asstt. Commissioner of Central Excise, Lucknow vide his Order dated 31-12-97 inter alia denied the Modvat credit availed by the respondents on the Seamless Steel Tubes and H.R. Coils availed by them as capital goods under Rule 57Q of the Central Excise Rules, 1944. He further imposed a penalty of Rs. 10,000/....

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....Appeals) has not given any relief to the respondents in his impugned order. However, coming to the merits of the case, it is stated that the S.S. Tubes became eligible to the Modvat credit as capital goods only after the issue of Notfn. No. 14/96-C.E. (N.T.), dated 23-7-96 when the pipe and tubes of iron or steel or copper or aluminium used for carrying inputs, intermediate goods or final products....

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.... H.R. Coils, Shri H.C. Varma, JDR for the appellants relies on the following decisions : (i)      M/s. Rosa Sugar Works v. C.C.E., Kanpur - 1999 (114) E.L.T. 950 (T) (ii)     M/s. Navakarnataka Steels Ltd. v. C.C.E., Belgaum - 2000 (123) E.L.T. 913 (T) 4. In both of the above decisions, it is held that C.T.D. Bars, Angles, Channels, plain plates....