TaxTMI 
TaxTMI 
2021 (2) TMI 809
X X X X Extracts X X X X
X X X X Extracts X X X X
....dent is engaged in manufacturing of sponge iron, which falls under Heading No.72.03 of Central Excise Tariff. The Respondent-Assessee in the month of March-April 1995 had availed of Modvat Credit on Hot Rolled Plates (H.R.Plates) and Coils styling them as 'Capital Goods' under Rule 57-Q. A show cause notice was issued to the Respondent-Assessee for recovery of the Modvat Credit availed by the Respondent- Assessee, as the Department was of the view that the Respondent had wrongly availed of the said Modvat Credit. The Order-in- Original was passed by the Commissioner, Central Excise, Nagpur on 18 March 1996, whereby Modvat Credit of Rs. 2,75,34,153/- was allowed under Rule 57-Q of the Central Excise Rules, 1944 on H.R.Plates/Coils used in co....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ery, plant, equipments apparatus, tools, or appliances or their components spare parts and accessories specified at Explanation I (a), (b) or any other goods specified at Explanation 1(c) or 1(d) or 1(e) to Rule 57-Q. 2. Whether CESTAT was correct in holding that the Respondent No.1 is entitled to avail the credit on H.R. Plates/coils used for conveyor galleries being in the nature of civil construction which is in the fact in nature of immovable property being a non excisable goods attached to earth duly not specified in terms of the definition specified in the explanation appended to Rule 57Q of the erstwhile Central Excise Rules, 1944. 3. Whether it right not to impose penalty under Rule 173Q of erstwhile Central Excise Rule 1944 esp....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n his factory and are to be utilised for the purpose of manufacturing of final product. The explanation gives the meaning of 'capital goods'. As per Clause (a) thereof, machines, machinery, plants, equipment, apparatus, tools or appliances which are used for producing or processing goods or in bringing about any change in any substance for the manufacture of final product are to be treated as "capital goods". 7. The Division Bench of this Court in Manikgarh Cement (supra) found that the Authority had not rendered a factual finding as to the manner of use of manufacturing of final products in respect of the capital goods claimed by the Assessee therein. It is in that context the Division Bench remanded the proceedings to the Authority. 8. ....