MAJESTIC AUTO LTD. Vs. CCE MEERUT

JUDGEMENT

(1.) NONE has come present on behalf of the appellants on the call of the appeal. On the last date of hearing the counsel for the appellants was present and the appeal was adjourned for today, but today neither the counsel nor any other representative has come present. No request for adjournment has also been received. Therefore, we proceed to decide the appeal on merits.

(2.) THIS appeal has been directed against the order in appeal passed by the Commissioner (Appeals) dated 29.1.98 vide which modvat credit has been disallowed to the appellants on the original invoices as well as on 'capital goods'.

(3.) THE issues involved in the present appeal are only two (l) whether the disputed goods satisfy the definition of 'capital goods' for the purpose of modvat credit under Rule 57 -Q of the Central Excise Rules and (ii) whether the modvat credit could be claimed on the basis of the original invoices by the appellants.