2000 (1) TMI 94

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....ity of Modvat credit availed by the appellants during the period October 1995 on the air conditioner split type classifiable under Heading 8415 of the Central Excise Tariff Act, 1985 in terms of the provisions of Rule 57Q which allows the Modvat credit on capital goods. Whereas the Revenue's contention is that the air conditioners cannot be considered as used for producing or processing of any goo....

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....ot confine to machinery, but refers to machinery, plant, tools etc. Further the expression 'used for producing of any goods, cannot be construed as synonymous to' for bringing about any change in any substance'. The Tribunal did not agree with Revenue that explanation 1 (a) would confine to production machinery used for bringing about any change in any substance. As the air conditioners in questio....