- (1.) This appeal arises out of the order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai, dated 22nd January, 2004. The Tribunal allowed the Revenue's appeal and therefore, the aggrieved assessee is before us. The appeal is admitted by this Court on the following two questions:-- "(1) Whether the Tribunal was correct in holding that storage tanks/vessels are excluded from the coverage of Rule 57Q of the Central Excise Rules, 1944 (2) Whether the Tribunal was correct in holding that when storage tanks/vessels have not been intentionally included under Rule 57Q, the benefit of Modvat credit cannot be extended to the same even though they are used in the factory of manufacture in the manufacture of final product and form an integral part of the plot set up to manufacture the final product -
(2.) We have heard Mr. Sushant Murthy appearing for the assessee/appellant and Mr. Pradeep Jetly for the Revenue.
(3.) The undisputed facts are that the appellant is engaged in the manufacture of cold rolled plain/galvanised steel coils/sheets. They availed, inter alia, Modvat credit on storage vessels/storage tank/structure classified under Headings 73.11, 73.09 and 73.08 of the Central Excise Tariff Act respectively. They invoked therefore, Rule 57Q to claim and avail of this Modvat credit. The Revenue proceeded against them and issued a show cause notice, calling upon the appellant to show cause why an amount of Rs. 6,83,673/- wrongly availed of as Modvat credit should not be recovered and penalty imposed in terms of the applicable Rules.;