2003 (3) TMI 620

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....Respondent. [Order]. - This is an appeal filed by the Revenue against allowing credit on P.B. Warm Wheel, Flow Switch and Refrigeration Compressor. Shri M.H. Sheikh, Learned J.D.R appearing on behalf of the Revenue submits that as regards P.B. Warm Wheel, it is used in effluent treatment plant for the treatment of effluent or industrial waste, which is totally a separate process distinguisha....

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....ght under the ambit of definition of capital goods under Rule 57Q by Notification No. 11/95-C.E. (N.T.) dated 16-3-95 and as such the appellate authority could not have allowed the credit on this item before 16-3-95. In the present case the period involved is November to December 1995 and as such the refrigeration compressor clearly falls within the purview of the capital goods on that date. The L....

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....able even before 16-3-1995. He also refers to the decision in the case of Collector of Central Excise, Meerut v. Nav Bharat Paper Mills - 1996 (86) E.L.T. 501 (Tribunal) to support his contention. However, the Ld. J.D.R clearly distinguishes that the case is related to transformers and ratio cannot be made applicable to the present case. 3. After hearing the rival submissions and perusal o....