2005 (5) TMI 374

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...., for the Respondent. [Order]. - The short question arising for consideration in this case is whether the Steel racks used by the appellants for storage of their raw materials in the factory in the year 1998 were eligible for capital goods credit. Both the lower authorities have held the goods to be ineligible for such credit. Hence the present appeal. 2. Heard both sides. Ld. Counse....

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.... is no dispute regarding the classification of Steel racks in the Central Excise Tariff Schedule and that the goods fall under Heading 73.26 of the CETA Schedule. Again, it is not in dispute that goods falling under Heading 73.26 were not covered by Sl. Nos. 1 to 4 of the Table annexed to Rule 57Q(1). During the period of dispute (1998), the eligibility of capital goods for Modvat credit was depen....