ORDER
G.A. Brahma Deva, Member (J)
1. Issue relates to modvat credit on H.R. Sheets/H.R. Plates/M.S. Plates falling under 7208.11 or 7208.90.
2. The Assistant Commissioner has denied the modvat credit in respect of these items on the ground that they are not capital goods. Nevertheless, he made a categorical observation in his order observing that ‘at best the above items can be considered as inputs since they are used for fabrication of furnace shell’.
3. In view of this categorical finding, he should have considered whether modvat credit can be allowed on the inputs. Since this issue has not been considered by the authorities below, I am of the view that matter requires to be re-considered. Accordingly, matter is remanded to the adjudicating authority to examine the issue afresh with reference to the eligibility of modvat credit on inputs, on providing an opportunity to the party. Thus this appeal is disposed off in the above terms.
(Pronounced and dictated in open court).