TaxTMI 
TaxTMI 
2004 (7) TMI 544
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..... [Order per : Moheb Ali M., Member (T)]. - This appeal is directed against the order of Commissioner (Appeals) Bhopal, who in the impugned order upheld the order of the lower authority. 2. Briefly the facts are that the appellant is engaged in the manufacture of excisable goods and were availing Modvat facility on capital goods under Rule 57Q of Central Excise Rules. During the scru....
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....basis of the grounds in appeal was considered by us. Heard the ld. DR Shri K.K. Srivastava and perused the records. 4. The issue relates to interpretation of the second proviso to Rule 57S (1). The Rule reads as follows : "Provided further that where the capital goods are removed after being used in or in relation to manufacture of final products from the factory for home consumption on pay....
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.... the noticee would have been acceptable. 4. The Commissioner (Appeals) adopted this logic and confirmed the order of the lower authority. The appellant's argument is that when capital goods are removed after being used in the factory for some time then the quantum of duty of excise payable is calculated by allowing a deduction of 2.5% of credit taken for each quarter of the year and also at ....