2003 (10) TMI 493

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....stav, JDR, for the Respondent. [Order]. -  Heard both sides. 2. The lower authorities have disallowed Modvat credit in respect of 8 items listed below claiming that these are ineligible for taking credit under Rule 57Q of the Rules. (I)         Welding Electrodes (II)       G C Sheets (III) &nbsp....

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....h is also in their own case, wherein credit on CTD bars (Serial No. VIII of the list) and GC Sheets (Serial No. II) has been held eligible for Modvat credit. Further, it was claimed that Welding electrodes which are used for fixing the machinery with the foundation will also be covered as input on the analogy of credit permitted in respect of "Cement". In the Larger Bench decision of the Tribunal ....

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....tc. etc. 2003 (160) CTR (Ker.) (FB) 488 where the Supreme Court interpreted the term "Plant" wherein it has been held that the "basic tools of the assessee trade" are covered as a plant. The relevant paragraph is reproduced below : - "In Scientific Engineering House (P) Ltd. (Supra) this Court considered that the drawings, designs, charts, plans, processing data and other literature comprise....

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....test would be : Does the article fulfil the function of a plant in the assessee's trading activity? Is it a tool of his trade with which he carries on his business? If the answer is in the affirmative, it will be a plant." 5. Considering the wider definition of a plant as pronounced by the Hon'ble Supreme Court and also considering the Supreme Court judgment in Jawahar Mills Ltd. case [200....