2005 (12) TMI 196

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.... The Revenue is aggrieved with the Order-in-Appeal No. 63/03-C.E., dated 28-7-2003. The assessee had claimed Modvat credit on capital goods, the same was allowed in the previous proceedings. The Commissioner (A) vide Order-in-Appeal No. 534/96-C.E., dated 31-12-1996 has allowed Modvat credit on Air-conditioners, measuring and testing instruments, handling equipment and diesel forklift trucks in te....

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....ods were received in the factory before 16th day of March 1995". 6. It is seen from the Notification, that there was a provision in that notification itself that if modvat credit as on capital goods was admissible under any other provision of the Rule or Notification then it will continue to enjoy the facility of modvat credit. 7. I observe that on 16-3-1995 Rule 57Q was amended to include c....

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.... (102) E.L.T. 132 (Tri.) has held that "Modvat Capital Goods - Though received in the factory before 16-3-95, credit taken thereon 31-3-95. Modvat credit not to be denied. Rule 57Q(2), Explanation 1(d) of Central Excise Rules, 1944." 9. The CEGAT, Northern Bench, New Delhi in the case of J.C.T. Industries v. CCE, Chandigarh reported in 2000 (124) E.L.T. 541 (Tri.) has held that "Modvat credit o....

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....th of May '95 even though the goods were received into the factory prior to 16-3-95. The above two case laws are squarely applicable to the present case. Following the ratio of Tribunal judgments cited supra I allow the Modvat credit on the subjected goods. 2. The Respondents are not present. The Counsel has prayed for adjournment as the issue is being decided on merits. The prayer for adjournm....