2002 (11) TMI 646

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....ma, JDR, for the Respondent. [Order]. - This appeal has been filed by the appellants against the impugned order-in-appeal dated 28-2-2002 vide which the Commissioner (Appeals) has affirmed the order of the adjudicating authority disallowing Modvat credit of Rs. 2,56,409/- but reduce the penalty from Rs. 1 lakh to Rs. 50,000/-. 2. The appellants availed Modvat credit on steel channels....

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....oard which was initially disallowed by the adjudicating authority, and the Revenue has not questioned the correctness of this part of the order. 3. The appellants have submitted their written submissions through their employee, Shri Satish Kumar, wherein they have alleged that the items on which Modvat credit has been disallowed fall under Heading 8414.80 of the CETA, and as such they are ....

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....t has been observed that Modvat credit is available on the air compressors, air conditioning appliances and electric cables, is not attracted to the facts of the present case. The Modvat credit in respect of the channels has been denied to the appellants on the ground that they were used only for fabrication of sheds in the factory. These channels could not be treated as capital goods for claiming....