2010 (3) TMI 157

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....sent: Mr.Gurpreet Singh, Sr.Standing 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 stoppe....

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.... the final product or not. According to section 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 a....

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....med as machinery. In fact, in Escorts Mahle Ltd.'s case (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 t....