2003 (8) TMI 135

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....wed on (1) cement, (2) Acquat, Formulation, Biosite (Chemical items) and (3) H.S.S. Hand tap on the ground that these are not capital goods under Rule 57Q of the Central Excise Rules. In addition, a penalty of Rs. 5000/- has been imposed. The period of dispute is May and June, 1996. 2. I have heard Shri V.K. Jain, ld. C.A. for the appellants and Shri Uma Shankar, ld. SDR for the Revenue and rec....

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....f Jawahar Mills. Ltd., [1999 (108) E.L.T. 47 (T-LB)] is required to be rejected, as in paragraph 29, the Larger Bench has categorically held that the expression employed in Rule 57Q is even wider than the expression contained in Section 8(3)(b) of the Central Sales Tax Act. Following the ratio of the Tribunal's order in the assessees's own case cited supra, I hold that the credit is admissible on ....

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.... for onward use in the machinery of the sponge iron plant. In the light of the Tribunal's decision in the assessee's own case cited supra, wherein the credit was held to be admissible to H.S.S. drill used in the Lathe machines, I hold that credit is admissible on this item. The reliance placed by the ld. D.R. in the case of Usha Ispat  Ltd. [2000 (125) E.L.T. 1184] in which it has been held t....