2010 (3) TMI 975

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....araju, SDR, for the Respondent. ORDER The only issue for determination in this appeal is whether credit of Rs. 8,19,615/- availed on spares of conveyor system falling under Heading 84.74 which was not the heading specified in the list of eligible capital goods during the period in dispute, namely, 23-7-1996 to 31-8-1996 is admissible to the appellants herein, who are manufacturers of cement ....

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....tification No. 25/96 is only clarificatory in nature and hence retrospective in effect and, therefore, goods falling under Chapter Heading 84.74 are to be treated as eligible capital goods even during the relevant period. In this connection, reliance is placed on the decision of the apex court in W.P.I.L. v. Commissioner of Central Excise, Meerut, U.P. - 2005 (181) E.L.T. 359 (S.C.) holding that a....

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....n of the assessees that the intention of the Government was not to restrict the credit of duty on capital goods falling under Chapter Heading 84.74 in view of the amendment to Notification No. 14/96-C.E., dated 23-7-1996 (wherein Heading No. 84.74 was excluded from the coverage of capital goods) by issue of Notification No. 25/96-C.E., dated 31-8-1996, wherein goods falling under Heading 84.74 wer....