2004 (10) TMI 416

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....te, for the Respondent. [Order]. - The respondents had taken capital goods credit in respect of "loader" classified by its manufacturer under heading 84.29 of the CETA Schedule, in August' 99. This credit was disallowed by the original authority on the ground that the goods falling under heading 84.29 were not eligible for capital goods credit under Rule 57Q. The assessee challenged this dec....

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....pen to the buyer of the goods (respondents) to change this classification for any purpose whatsoever. This view of the appellant, reiterated by the DR today, is contested by the respondent's counsel, who, relying on case law, submits that once it is found that the capital goods is a material-handling equipment, it can only fall under heading 84.28 and, consequently, the benefit of Modvat Credit is....