- (1.) This is already an admitted appeal. Let it be registered with regular number and old number shall also continue to be shown in bracket for finding out details of case, whenever required by parties with reference to either of the two numbers. In this appeal, which has come at the instance of assessee - M/s. Dwarikesh Sugar Industries Ltd. under Sec. 35G of the Central Excise Rules, 1944 (hereinafter referred to as the "Act, 1944"), following substantial questions of law were formulated by this Court while admitting the appeal vide order dated 21 -7 -2010, which are required to be adjudicated by this Court: "1. Whether welding electrodes having been admittedly used for hardening the surface of Mill Rollers at different interval and also for hardening the Trace Plate, scrappers for smooth crushing of cane, hence it is "capital goods" being part of the plant and machinery for manufacture of sugar?
(2.) Whether the Tribunal was not justified in completely overlooking the specific details, materials about welding electrodes being used in cast iron part of cane juice pump which are integral equipment of sugar manufacturing process; hence welding electrodes is "capital goods - 2. The appellant is a Public Limited Company engaged in manufacture and sale of sugar, which is excisable falling under Chapter 17 of Central Excise Tariff Act, 1985 and Molasses being its by -product also comes under the same Chapter.
(3.) On consumption of welding electrodes of different grades, types, jointing gaskets and packings asbestos gaskets for jointing the various types of pipes, the appellant availed Cenvat credit to the extent of Rs. 2,72,917/ - for the period of October -2004 to August, 2005. The Cenvat credit was availed treating Welding Electrodes as capital goods and entitled for Cenvat credit under Cenvat Credit Rules, 2004 (hereinafter referred to as the "Rules, 2004").;