AIR 2001 SUPREME COURT 2500 ::2001 AIR SCW 2720 ::(2001) 132 ELT 3 ::(2001) 97 ECR 541 ::2001 (6) SCC 274 ::(2001) 4 Scale 596 ::2001 (3) BLJ 641 ::2002 (125) STC 264 ::2001 (3) LRI 781 ::2001 (5) Supreme 415 ::2001 (7) SRJ 339 ::(2001) 6 JT 65 (SC) ::2001 (6) JT 65

Supreme Court Of India

Hon'ble Judge(s): S. P. Bharucha, Y. K. Sabharwal , JJ

Central Excise and Salt Act (1 of 1944) , S.35L— Central Excise Rules (1944) , R.7— Modvat credit in respect of capital Goods - Capital goods - Definition in R.57-Q is wide - Question whether items enumerated in expln. to S.57-Q is capital goods - Depends upon the user to which it is put - Modvat credit claimed in respect of Power cables, Capacitors, Control panels, Cables, Distribution boards, Switches, Starters, Air compressors and Electric wires - Revenue's claim that these goods are not per se capital goods Rejected by Tribunal - Plea raised by revenue in appeal that these goods are not capital goods in view of user to which they are put - Not accepted. (Para 6)