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2005 (8) TMI 659 - SC - Central ExciseAdmissibility of credit of the duty paid on "inputs" namely, explosives, lubricating oils and welding electrodes and admissibility of credit on "capital goods" namely, limestone crusher, mining equipment etc. under Cenvat Credit Rules, 2000,2001 and 2002 arise for determination Held that:- The definitions of the words "input" under the erstwhile Modvat scheme stood scattered under Rules 57A and 57B whereas under the Cenvat scheme, the definition of the words "input" and "capital goods" have been consolidated. In the light of the provisions of the Cenvat scheme vis-a-vis Modvat scheme reproduced hereinabove, we are of the view that the observations made in paragraph 9 of the decision of the Division Bench, quoted above, in the case of Commissioner of Central Excise, Jaipur v. J.K. Udaipur Udyog Ltd. [2004 (9) TMI 101 - SUPREME COURT OF INDIA] needs reconsideration. We are, therefore, of the view that this case requires consideration by a Larger Bench. The papers may be placed before the Hon'ble Chief Justice of India for further directions.
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