- (1.) HEARD Mrs. Rashi Mishra, Advocate holding brief of Sri Bharat Ji Agarwal, learned Senior Advocate appearing for appellant and Sri B.K. Raghuvanshi, learned counsel appearing for respondent department.
(2.) THIS appeal under Section 35G(2) of Central Excise Act, 1944 (hereinafter referred to as 'Act, 1944), has arisen from judgment and order dated 14th October, 2004, passed by Customs Excise and Service Tax Appellate Tribunal (hereinafter referred to as 'CESTAT'), in Appeal No. E/3680/04 -NB (SM) connected with Appeals No. E/82/04 and E/83/04 -NB (SM), whereby all the three appeals were decided by a common order dated 14th October, 2004. CESTAT has disallowed MODVAT/CENVAT Credit as 'capital goods' on "welding electrodes" .
(3.) THOUGH appellant has formulated six question of law, but, this Court finds that the only substantial question of law which has arisen in the matter is "Whether 'welding electrodes' can be treated to be 'capital goods' under Rule 57Q for the purpose of allowing MODVAT/CENVAT Credit thereon to the appellant assessee during the period of August 1999 to September, 1999 - Dispute relates to the period, August 1999 to September, 1999. Appellant is a public limited company engaged in manufacture of Sugar. Molasses is its by -product. Appellant availed benefit of MODVAT/CENVAT Credit as 'capital goods' on Steel Flat Bar, Ferro Speed and Welding Electrodes during the period of August, 1999 to September, 1999.;