V.P. Gulati, Member (T)

1. These two appeals arise out of the common order of the Collector of Central Excise (Appeals), Madras. The assessees viz. Shimoga Steels Ltd. are aggrieved against the findings of the lower appellate authority holding that Tundish Boards, Sodium Silicate, Acetylene, Thermo Couple Tips and Refractory Cement are not eligible for the benefit of MODVAT Credit. The Revenue in the appeal is aggrieved against the benefit of MODVAT Credit allowed in respect of Graphite Nipples.

2. The learned Counsel for the appellant (Shimoga Steels) pleaded that in a number of decisions it has been held that MODVAT Credit is available in respect of Acetylene Gas. In this context he cited the case law reported in MANU/CM/0024/1989 : 1990 (48) E.L.T. 552 in the case of Mukund Iron and Steel Works Ltd. In respect of Thermo Couple Tips he pleaded that the Central Board of Excise and Customs have clarified on 17-7-1987 [1988 (33) E.L.T. (T.21]) that Pyrometer Tips is eligible for the benefit of MODVAT Credit. A later clarification has been issued in 1990 extending the same benefit in respect of Thermo Couple Tips also. He pleaded that in view of this, the benefit of MODVAT Credit