Supreme Court of India · 2010-07-09
Commnr. Of Central Excise, Jaipur vs M/S. Rajasthan Spinn.& Weaving Mills ...
- Court
- Supreme Court of India
- Petitioner
- Commnr. Of Central Excise, Jaipur
- Respondent
- M/S. Rajasthan Spinn.& Weaving Mills ...
- Author
- D.K. Jain
- Bench
- D.K. Jain, C.K. Prasad
Judgment text excerpt
The Supreme Court upheld the Tribunal's decision allowing MODVAT credit for steel plates and M.S. channels used in the fabrication of a chimney for a diesel generating set, interpreting these items as 'capital goods' under Rule 57Q of the Central Excise Rules, 1944. The Court emphasized that the chimney is essential for the functioning of the diesel generating set, thus qualifying the components for credit. The appeal by the Revenue was dismissed, affirming the Tribunal's ruling that the items in question fell within the ambit of capital goods as per the relevant provisions.