- (1.) Heard Sri S.K. Upadhyaya, learned counsel for appellant.
(2.) The substantial questions of law on which this appeal was admitted are : (i) Whether, on the facts and circumstances of the case was the Tribunal legally correct in holding that issue of welding electrodes used in maintenance of machine and machinery in the factory used, this issue already stand settled against the appellant in case of Japee Rewa Plant Vs. CCE Raipur, 2003 57 RLT 739 (ii) Whether the appellate Tribunal on the facts and circumstances of the case and the materials on records justified in law in disallowing the canvet credit to the appellants and disposed off the appeal without entering deeply and lawfully in question of present case?
(3.) Before, learned counsel for appellants commenced arguments, to make things more clear we have formulated one more substantial question of law : (iii) Whether 'welding electrodes' can be treated to be eligible 'inputs' under Rule 57A/B or 'capital goods' under Rule 57Q, to claim MODVAT credit?;