2002 (1) TMI 1162

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....is an appeal by the assessee. By a faxed 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 ass....

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....ewa Cement (supra), the DR submits that 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....

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....ives and, if that be so. Primex was also a 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 t....

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....plosives were intermediate products which 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 i....