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TMI Blog2006 (5) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is engaged in manufacture of Bulk Drugs and Organic chemicals. They used to send inputs on which Cenvat credit was availed for job work to produce intermediates to their unit No. II under the provisions of rule 4(5)(a) of Cenvat Credit Rules, 2002 but unfortunately there was a fire accident on 3-10-2002 in Unit No. 2 in which semi-finished goods and inputs were destroyed. The appellant filed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve stated that once the inputs have been issued for manufacturing the credit on the same cannot be denied and referred to the decision of the Tribunal in the case of Larsen and Toubro Ltd. v. A.C.C.E. - 1992 (61) E.L.T. 510 (Coll. Appls.) wherein it was held that when the intention of the appellant is to use the inputs in manufacture of its goods, the credit cannot be denied. Reference was also in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (157) E.L.T. A206 (S.C.) wherein the Hon ble Supreme Court after condoning the delay dismissed the Special Leave Petition filed by Commissioner of Central excise, Chennai against the above CEGAT order. 4. It was submitted that since the inputs in their case were sent to their other unit for job work they have to be considered as has been issued for manufacture and therefore the Modvat credit can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s - 2003 (157) E.L.T. A206 (S.C.) the same will have precedence over the Division Bench Tribunal decision. As in this case the inputs have been sent to the job workers they have to be considered as being issued for manufacture and therefore the facts of the case are squarely covered by the Supreme Court decision in the case of Indchem Electronics cited supra. 6. I accordingly allow the appeal an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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