2004 (1) TMI 506

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....ellant. Shri S.C. Pushkarna, JDR, for the Respondent. [Order]. - The appeal of M/s U.G. Sugar (party) is directed against the order-in-appeal passed by the Commissioner (Appeals) by which Modvat credit under the capital goods Modvat scheme has been disallowed to the appellants in respect of the following items :- (1)        HR/MS/GC Sheets/Plates/Angl....

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....ates, etc., by observing as under :- "The appellants have not placed any corroborative evidence on record regarding the precise use of these items. Fabrication/construction materials have been held by the Tribunal as not being covered by the definition of capital goods." In this case the dispute pertains to the period from September, 1995 to November, 1995. I notice that, the Commissioner (Appe....

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....im for credit, having not been examined on merits by the appellate authority, the matter regarding determination of eligibility of this item for credit, is remanded to the Commissioner (Appeals), who shall, pass orders thereon, after following the principles of natural justice. 6. The Revenue's appeal are directed against permitting credit on (i) Lubricating System (ii) Magnetic Pick-up (i....

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....in-appeal needs to be set aside. 8. As regards, Pace Man (Steam Packing), it is desired that asbestos packing has already been decided as admissible, hence, the credit should have been permitted. CEGAT judgment 1998 (98) E.L.T. 166 (T-NRB)] relied upon. The item is used for packing steam line. Once this is affixed to a pipeline, it becomes a component part of the pipeline and would therefo....