1999 (10) TMI 699

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..... Roy, JDR, for the Respondent. [Order]. -  The short question involved in the present appeal is as to whether the appellants are entitled to the Modvat credit of duty in respect of KSB make pump and Galvanised Iron Pipes used for operating boiler. Shri B.N. Chattopadhyay, learned Consultant for the appellants submits that the pumps and pipes have been held to be capital goods in terms ....

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....d in the present appeal is 17-10-1995 to 22-11-1995 and as such, prior to introduction of the Notification No. 25/96, the Modvat credit on the tubes and pipes cannot be extended.  3.  In his rejoinder, Shri B.N. Chattopadhyay, learned Consultant submits that the Notification No. 14/96 has been held to be a clarificatory Notification having retrospective effect in terms of Tribunal's d....

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....es cannot be undertaken. He, however, agrees that the said fluid may not directly qualify for Modvat as capital goods. Nevertheless, he submits that the Modvat on the same is available under the provisions of Rule 57A and though they have filed a declaration under Rule 57Q, there are Tribunal's judgments which say that alternative claim under Rule 57A should be considered and not be rejected on th....

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....supra), fully cover the appellants' case. The stand of Shri Roy, learned JDR that these pipes which were specifically introduced with effect from 31-1-1996, is not sustainable in view of the earlier judgment of the Tribunal holding that the Notification No. 14/96 (to which Notification No. 25/96 is the amending Notification) is clarificatory and has retrospective effect. Even prior to such amendme....