2003 (4) TMI 199

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.... impugned goods are eligible for Modvat credit as inputs and contends that the declaration filed by the assessee in terms of Rule 57Q of the Central Excise Rules, 1944 is sufficient for the purposes of extending the credit under Rule 57A. He also challenges the penalty imposed and the interest charged on the ground that there was no suppression or wilful statement in this case. In support of his contentions, he cites the following case laws :- (1)      Commr. of Cus. & C. Ex., Meerut-I v. Modi Rubber Ltd. - 2000 (119) E.L.T. 197 (Tribunal-LB), (2)      C.C.E., Raipur v. M/s. Hukumchand Jute Inds. Ltd. - Order No. A/1184/CAL/2000, dated. 3-8-2000 [2001 (137) E.L.T. 633 (Tribunal)], (3)&nbs....

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....pital goods and these were also not utilized for producing and processing any goods or for bringing out any change in any substance for manufacturing any of the final products since they were used only for storage and for transferring gas in liquid form. The appellants on the other hand have contended that in the case of C.C.E., Raipur v. Hukumchand Jute Inds. Ltd. vide Order No. A-1184/CAL/2000, dated 3-8-2000 [2001 (137) E.L.T. 633 (Tribunal)], the Tribunal has allowed Modvat credit to Chlorine cylinders. The said order also cites the Tribunal decision in the case of Lupin Laboratories Ltd. v. C.C.E., Indore - 1998 (100) E.L.T. 52 (T) where Modvat credit was allowed to cylinders used for storing liquid. It also cites the decision in the c....