TMI Blog2000 (9) TMI 391X X X X Extracts X X X X X X X X Extracts X X X X ..... : G.R. Sharma, Member (T)]. Revenue has filed this application stating that points of law reading as : Whether Modvat credit is available on Explosives used in mining of lime-stone, which are not covered under the definition of 'factory' in terms of Rule 57A of Central Excise Rules or not and whether Modvat credit will be admissible on furnace oil which is supplied by the depot/installati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the Central Excise authorities, we find that there is no dispute that the input in question viz. furnace oil had been manufactured by Indian Oil Corpn. who is registered with the Central Excise authorities. It is common ground between the parties that the manufacturer viz. Indian Oil Corporation were operating through various outlets for sale of furnace oil. There is also no dispute that such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Central Excise Rules inter alia provides that Modvat credit shall be taken in respect of the goods used in the manufacture of final product in the factory . A larger Bench of this Tribunal held that Modvat credit shall not be admissible in respect of Explosives as the same are not used inside the factory for the production of the finished product. We note that while deciding the issue earlier, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities was a statutory requirement. We note that in the case against which the present application has been preferred, this aspect was not considered. We consider this aspect to be an important one and therefore, a point of law arises for reference to the Hon'ble Madhya Pradesh High Court. 6. In view of the above findings, the reference application is allowed. - - TaxTMI - TMITax - Cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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