1997 (8) TMI 161

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....[Order per : G.R. Sharma, Member (T)]. -  The present appeal pertains to taking of Modvat credit on explosives and furnace oil. The appellants are engaged in the manufacture of cement. They claimed Modvat credit of duty on the use of explosives in the mining area and furnace oil used in generation of electricity and its subsequent use in the manufacture of cement. The department alleged that....

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....ce oil is concerned, Rule 57A provides that inputs used as fuel are included for the purpose of Modvat credit. Describing the process, the ld. Counsel submitted that fuel oil is used for generation of electricity which further is used in the production of Cement. He referred to the Notification No. 352/77-C.E. and submitted that this Notification granted exemption to items falling under Chapter He....

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.... of production or for any other purpose are included in Rule 57A with effect from 16-3-1995; that the Tribunal in its judgment held that if certain items are included as capital goods with effect from a particular date that does not mean that the item happened to be a capital goods only from that date and it was not to be treated as a capital goods before that date. He submitted that inputs for ge....