- (1.) This appeal has been preferred by the revenue against the order dated 12-1-2005 passed by the Customs, Excise and Service Tax Appellate Tribunal, New Delhi (for short, the Tribunal') inA.No.E/4868/04- B, proposing following substantial questions of law :- "(i) Whether the inputs used in the fabrication, erection and installation of Cold Rolling Mill can be treated as capital goods? (ii) Whether Modvat credit on the inputs used in the fabrication, erection and installation of Cold Rolling Mill was admissible under the erstwhile Rule 57A or 57Q of the Central Excise Rules, 1944? (iii) Whether the credit availed by the assessee under erstwhile Rule 57Q by misdeclaring the inputs as capital goods tantamount to suppression of facts and the provisions relating to extended period of limitation for recovery of credit wrongly availed were applicable as per erstwhile Rule 57I(1)(ii) and 57U(2) of the Central Excise Rules, 1944?"
(2.) The assessee claimed Modvat credit on capital goods used for manufacture of final products in the factory of the assessee. The assessee filed declaration declaring the goods to be parts of capital goods. The credit was availed by the assessee in the year 1998 after filing declaration as well as RT-12 returns.
(3.) The department gave show cause notice dated 12-3-2001 alleging that the goods used by the assessee were inputs and credit was not admissible as capital goods.;