ORDER
Smt. Archana Wadhwa
1. The appellants are absent inspite of today’s notice of hearing having been sent to them well in advance.Accordingly I have heard Shri A.K.Chattopadhyay, ld.JDR.
2. The prayer in the application is for dispensing with the condition of predeposit of duty amount of Rs.34,464.00 disallowed by the lower authorities as modvat credit in respect of Asbestos Rope Lagging as non-eligible capital goods.The lowers authorities has observed that the said items is callisifable under sub-heading 8431.00, which is not specified in the rules defining capital goods.The same is also not considered as apare/component or accessoriness inasmuch as the said item has independent function. Reliance has been placed upon the Tribunal’s decision in the case of Upper Ganges Sugar Indus.Ltd. In view of this I direct the applicant to debit back the said amount of modvat credit so availed by them from their modvat records within a period of two weeks from the date of receipt of this order. In case the credit has already been utilised by them, the should be deposited in cash. Matter to come up for ascertaining compliance and for disposal of the appeal on 17.9.2001.
Dictated in the court.