2002 (12) TMI 469

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...., Member (T)]. -  Revenue has preferred this appeal against the Order-in-Appeal No. 884/CE/CHD/2000, dated 25-4-2000 in which the Commissioner (Appeals) has allowed the Modvat credit of the duty paid on capital goods to the respondents, M/s. JCT Ltd. 2. When the matter was called no one was present on behalf of the respondents nor was there any request for adjournment from them. We obs....

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....f any goods or for bringing about any change in any substance for manufacture of the final products; that accordingly the TFO does not come within the purview of "capital goods" as defined in Explanation to Rule 57Q of the Central Excise Rules, 1944. He, further, submitted that twisted yarn is also exempted from payment of Central Excise duty under Notification No. 8/96-C.E., dated 3-7-96 and in t....

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....ble to nil rate of duty. Notification No. 8/96-C.E., dated 3-7-96 provided Nil rate of duty in respect of twisted polyester filament yarn manufactured out of textured or draw twisted polyester filament yarn on which the appropriate duty of excise or the additional duty under the Customs Tariff Act had already been paid. It is thus apparent that twisted polyester filament yarn was exempted from pay....