9911796707
TMI Blog2002 (1) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... ed letter dated 21-1-2002. They have requested for disposal of this case in the light of the Supreme Court's decision in Jaypee Rewa Cements [2001 (133) E.L.T. 3 (S.C.)]. Apparently, the party has waived personal hearing. The respondent is represented by ld. JDR, Sh. V.K. Verma. 2. Examined the records and heard the DR. In the aforesaid letter, the assessee has claimed that the issue involve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the explosives which were manufactured out of Ammonium Nitrate and Primex by the appellants at their mines were final products which stood exempted from duty of excise under Notification No. 63/95-C.E., dated 16-3-95 and, therefore, no Modvat credit was admissible in respect of the inputs by virtue of the provisions of Rule 57C(1) of the Central Excise Rules, 1944. I have to reject this argument, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raw material. Both Ammonium Nitrate and Primex were, therefore, used as inputs for the manufacture of explosives at the mines situate outside the appellant's cement factory. It is also not in dispute that the explosives were used at the mines for mining limestone. The limestone was then taken to the cement factory after certain processes and was used in the manufacture of clinker and cement. Thes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were captively consumed by the appellants. Those goods were exempted during the relevant period from payment of duty, under Notification No. 63/95-C.E. ibid. Under Rule 57D, Modvat credit was not deniable in respect of inputs on the mere ground that intermediate products emerged in the process of manufacture of the final product. In the instant case, the inputs are Ammonium Nitrate and Primex, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chargeable to duty. Similar question has been settled in favour of assessees by a line of decisions of this Tribunal. Therefore it was not open to the authorities below to deny Modvat credit on Ammonium Nitrate and Primex to the appellants during the material period on the grounds stated in their orders. Such credit was admissible to the party and could be validly utilized for the payment of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
