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2002 (2) TMI 1145

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....he Respondent. [Order]. -  Examined the records. The appeal is against denial, by the Commissioner of Central Excise, of Modvat credit of Rs. 5,34,372/- taken by the appellants during the period May, 1994 to July, 1997 on certain goods treated by them to be capital goods under Rule 57Q, and against imposition of a penalty of Rs. 50,000/- on them. The present application prays for waiver....

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....terial Handling Equipments. Those equipments were undisputedly used within the factory premises for handling raw materials. A credit of about Rs. 2 lakhs was taken on Tyres of certain material handling equipment used within the factory premises for the said purpose. The credit taken on structural support to ESP hopper was about Rs. 82,000/-. This item was also used within the factory as a support ....

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....at credit on tyres was taken without declaring the items under Rule 57T. The DR, therefore, opposes the present application. 4. Examined the submissions. It has been contended by the Counsel that the Truck Loading Machine was used in the manufacture of cement. The item was used as a material handling equipment. This contention has been sought to be rebutted by the DR by submitting that the....