2000 (6) TMI 49 - AT - Central Excise

Summary

Issues Involved:
1. Eligibility of explosives used in mining limestone for Modvat credit under Rule 57A of the Central Excise Rules.
2. Applicability of Rule 57F(3) to the use of explosives in mining activities.
3. Interpretation of the term "inputs" under Rule 57A and its relation to the manufacturing process.

Summary:

1. Eligibility of Explosives for Modvat Credit:
The primary issue was whether explosives used in mines situated 2 to 5 Kms. away from the cement factory for mining limestone, which is used in cement manufacture, qualify as eligible inputs for Modvat credit under Rule 57A of the Central Excise Rules. The Tribunal noted conflicting decisions from various benches on this matter. The referring Bench disagreed with the view that explosives used in mining could be considered inputs under Rule 57A.

2. Applicability of Rule 57F(3):
The Tribunal examined whether Rule 57F(3) could apply to the case, which allows for the removal of inputs from the factory to another place for manufacturing intermediate products. The Tribunal concluded that the requirements of Rule 57F(3)(b) were not met because the explosives were not brought into the factory, nor was the manufacturing process of limestone considered to be "manufacture" under the Central Excise law. The limestone obtained from blasting did not qualify as an intermediate product since it did not contain any trace of the explosives used.

3. Interpretation of "Inputs" under Rule 57A:
The Tribunal emphasized that for goods to be considered inputs under Rule 57A, they must be used in or in relation to the manufacture of the final product and must be brought into the factory. The explosives used in mining limestone were not brought into the factory and were used outside the factory premises. Therefore, they did not qualify as inputs for Modvat credit. The Tribunal relied on the decision in Madras Cements Ltd. v. CCE, Hyderabad, which held that mining of limestone was not an integral part of cement manufacture and thus did not qualify for Modvat credit.

Conclusion:
The Tribunal concluded that the explosives used in mining limestone did not qualify as inputs for Modvat credit under Rule 57A. The appeals were dismissed, and the issue was answered in favor of the Revenue, following the decisions in Madras Cements and Vikas Industrial Gas cases.