2001 (8) TMI 176

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....bsp;    Wires & Cables (3)        Construction & Mining Chemicals (4)        Hysil Thermal Insulation Articles (5)        Steel Pipes & Tubes (6)        Ice Machine & Apparatus and (7)        M.S. Cable Trays. In addition, a penalty of Rs. 50,000/- has been imposed in terms of Rule 173Q(1) of Central Excise Rules, 1944. The period involved is two months of September and October, 1992. 2.We have heard both sides. Our findings on the eligibility of the above mentioned items to Modvat credit benefit are as under :- (1)  &nb....

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....ase of Malvika Steel Limited [1998 (97) E.L.T. 530 (Tri)] which has been subsequently followed in the case of Southern Petrochemical Indus. Corpn. Ltd. [1999 (105) E.L.T. 460 (Tri.)]. Since cement and concrete have been held to be ineligible, additives thereto also are not entitled to Modvat credit. Therefore, we hold that this item is not eligible for Modvat credit under Rule 57Q of the Central Excise Rules. (4)        Hysil Thermal Insulation Articles : This item is in the nature of insulating material used in high temperature bloom/bar/pipe re-heating furnaces where temperature is 1200 Degree C. Insulating material has been held to be eligible to modvat credit by the Tribunal in certain cases. The us....