2001 (10) TMI 101

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....d Mr. N.M. Lodha, learned Counsel for the Revenue and Mr. Rajendra Mehta, learned Counsel for the respondent assessee. 2. This reference has been made at the instance of the Revenue for the opinion of this Court on the following questions of law :- "Whether the Ammonium Nitrate and Fuel Oil (ANFO) used as explosive in mines for obtaining the limestone, which is then used in the factory for the m....

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....earned Counsel that the controversy raised has been concluded by the decision of the Apex Court in M/s. Jaypee Rewa Cement v. Commissioner of Central Excise, M.P. reported in [2001 (133) E.L.T. 3 (S.C.) = JT 2001 (7) SC 261]. The Apex Court considering the Rule 57A(1) of the Central Excise Rules found that the said rule does not in any way specify that the inputs have to be utilised within the fac....