2004 (6) TMI 563

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....R, for the Respondent. [Order]. - The appeal of the appellant is directed against the order-in-appeal whereby order denying credit in respect of Lead Sheets, Eyebolt & Nut, D' Canter Spares, Cable tray, M.S. Tank and Timer has been confirmed. Besides, penalty to the extent of Rs. 9800/- was also confirmed. 2. The table below indicates the details of individual items, their functions,....

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....t Not used for producing and processing of final product. 7,616.00 4. Cable Tray Used in Slurry viscose department of Rayon Plant for measurement of process parameters and for controlling the process parameter as desired by the plant Not used for producing and processing of final product. 19,845.00 5. M.S. Tank Used for collecting the steam condensate from vapour abso....

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....for bringing about any change in any substance. On applying the said test, I note that the item M.S. Tank will not qualify for being considered as "capital goods". In respect of timer the appellants did not press for the claim. 5. In view of the discussion above, I hold that the credit in respect of Timer and M.S. Tank was correctly denied by the lower authorities. So far as the remaining ....