2006 (10) TMI 167

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....red by the Revenue against the order of the Tribunal allowing Modvat credit of Rs. 61,572/-, rejecting the argument that the goods in question being used for assembly of fire hydrant system falling under Chapter 84, were liable to be excluded from the definition of "capital goods" under Rule 57Q of the Central Excise Rules, 1944 (for short, 'the Rules'). 2. The assessee availed Modvat credit duri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... The goods of one of these sub-headings stands excluded under Rule 57Q." 3. We have heard learned counsel for the Revenue. 4. Learned counsel for the Revenue has not been able to show that the goods in question fall under the excluded entry in Rule 57Q of the Rules. Submission made was that the goods in question were capital goods as held by the Hon'ble Supreme Court in Commissioner of C.Ex., C....