2002 (4) TMI 672

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.... [Order]. -  This reference application is a consequence of the direction received from the Hon'ble High Court of Judicature at Madras in RCP No. 35/2000, dated 13-7-2001 directing the Tribunal to draw statement of facts and refer the following question to the Hon'ble High Court for answering the same : "Whether rubber sheets falling under sub-heading 4008.29 from which gaskets are manu....

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....ich the Assistant Commissioner rejected the appellant's plea for grant of Modvat credit as capital goods under Rule 57Q. He had also noted that chapter 40 is also excluded from the description of the capital goods under Rule 57Q of the C.E. Rules. 3. The Tribunal in Final Order No. 1715/99 dated 9-7-99 [2000 (116) E.L.T. 579 (T)] upheld the assessee's contention that the rubber sheet are r....

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.... product. In the case of synthetics and Chemicals (supra) LDPE black lay flat tubing was similarly used as an internal lining material only after cutting them to size and the item was held to be eligible for Modvat credit. Therefore, I find that the same principle is involved in this case also. Under these circumstances, I find that the item is eligible for Modvat credit under Rule 57Q. The order ....