2001 (9) TMI 100

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.... the Hon'ble Tribunal was correct in extending the benefit of capital goods to 'electric cables' under Rule 57Q of Central Excise Rules, 1944 when are not used in the manufacture of final products?" 2.The assessee, M/s. Lamina Foundries Ltd., was engaged in the manufacture of excisable goods, during the period October, 1994 to January, 1995. If had availed the Modvat credit of Rs. 1,01,101/- on electrical cables which were used for their manufacturing purposes. The assessee claimed the said Modvat benefits under Rule 57Q of the Central Excise Rules. 3.Rule 57Q reads as under : "57Q-Applicability- (1) the provisions of this section shall apply to finished excisable goods of the description specified in the annexure below (hereinafte....

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.... in any substance for the manufacture of final products; (b)        components, spare parts and accessories of the aforesaid machines, machinery, plant, equipment, apparatus, tools or appliances used for aforesaid purpose; and (c)        moulds and dies, generating sets and weight-bridges used in the factory of the manufacturer. (2) 'specified duty' means duty of excise or the additional duty under Section 3 of the Customs Tariff Act, 1975 (51 of 1975)." 3.The question that has been sought to be raised is that the electric cables used by the assessee for its foundry was not capital goods as defined under the above rule since it is not a "plant". 4.In our co....