2008 (9) TMI 220

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....S/Shri Sudeep Singh and Rahul Mahajan, Advocates, for the Respondent. [Order per : Deepak Gupta, J. (Oral)]. - These two reference petitions are being disposed of by a common judgment since similar questions of law are involved in both the cases. 2. Excise Reference No. 20 of 2001 has been admitted on the following question of law : "Whether the Hon'ble Tribunal was correct in allowing Mo....

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.... goods under Rule 57Q of the Central Excise Rules, 1944. Rule 57Q which requires to be interpreted in the present case reads as follows : "57-Q. Applicability. - (1) The provisions of this section shall apply to finished excisable goods of the description specified in the Annexure below (hereinafter referred to as the 'final products') for the purpose of allowing credit of specified duty paid o....

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....n India, shall be restricted to the extent of duty which is equal to the additional duty leviable on like goods under Section 3 of the Customs Tariff Act, 1975 (51 of 1975) equivalent to the duty of excise paid on such capital goods. Explanation :-For the purposes of this section.- (1) 'capital goods' means- (a) machines, machinery, plant, equipment, apparatus, tools or appliances used....

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....inition of Capital Goods. The Tribunal held that the material which is the subject matter of the questions of law were Capital Goods within the meaning of this Section. 6. The Apex Court in Commissioner of Central Excise, Coimbatore and others v. Jawahar Mills Ltd. And others, 2001 (132) E.L.T. 3 (S.C.) = (2001) 6 SCC 274, has held that the language used in the explanation to Rule 57Q of the Ru....