2010 (3) TMI 157

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..... g counsel, for the petitioner. Mr.Ashutosh Gupta, Advocate for Mr.Puneet Jindal, Advocate for the respondent. ASHUTOSH MOHUNTA, J. (ORAL) The Customs, Excise & Gold (Control), Appellate Tribunal, vide its order dated 15.4.1997, has referred the following substantial question of law for adjudication by this Court:- "Whether the "clay graphite stopper" which as the name indicates is a stopper an .....

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..... 57B, the manufacturer of final products shall be allowed to take credit of the specified duty paid on the inputs used in or in relation to the manufacture of final products, whether directly or indirectly and whether contained in the final products or not, namely, (i) the inputs, which are manufactured and used within the factory of production, but according to section 57B (2), the manufacturer of .....

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..... e (supra), even parts of machinery would be eligible for modvat credit. Similar view was taken by the Apex Court in case M/s Jaypee Rewa Cement v. Commissioenr of Central Excise, M.P. AIR 2001 Supreme Court 3935, wherein it was held that the inputs used in the manufacture of intermediate products that is lime stone, which subsequently used in the manufacture of cement was entitled to modvat credit .....

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