2009 (6) TMI 43

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....r No.1501 of 2005 passed by the second respondent dated 25.11.2005 by formulating the following questions of law : 1. Whether the explosives used in the mines to extract lime stones for the purpose of manufacturing cement could be termed as inputs to avail Cenvat credit especially when such goods are not used within the premises of the factory or to the final product as contemplated under Rule 57....

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....t in the case of Jaypee Rewa Cement v. Commissioner, 2001 (133) ELT 3 in favour of the assessee, wherein also it was held that the input even used outside the factory premises, the assessee was entitled to Modvat credit. However, the Supreme Court in the case of Commissioner v. J.K.Udaipur Udyog Ltd., 2004 (171) ELT 289 held that the decision in the case of Jaypee Rewa Cement, referred to supra, w....

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....E v. J.K. Udaipur Udyog Ltd., referred to supra, was well founded. Having regard to the fact that the CENVAT Rules in effect substitute the Modvat Rules, the decision in Jaypee Rewa Cement would continue to apply. The decision in Commissioner of Central Excise, Jaipur v. J.K.Udaipur Udyog Limited, referred to supra, holding to the contrary was not good law.  5. Thus, the earlier decision of ....