BINANI CEMENT LTD. Vs. CCE, JAIPUR

JUDGEMENT

(1.) The appellants are the manufacturers of Cement and Clinker falling under Chapter 25. They availed modvat credit totally amounting to Rs. 8,11,974/ - on the explosives used by them in the process of manufacture of these items under rule 57A of the Central Excise Rules, 1944. The aforestated amount of modvat credit has been denied to the appellants by the Assistant Commissioner of Central Excise, Jodhpur Division and upheld by Commissioner (Appeals), Jaipur.

(2.) The matter is listed today for hearing the stay petitions filed by the appellants. Shri Alok Mathur, Deputy Manager (Finance) of the appellant company submits that the total amount of modvat credit of Rs. 8,11,974/ - has already been reversed by them on 31.1.2001 has their RG 23 A part -II account. Shri Swatantra Kumar, JDR for the Revenue confirms the same.

(3.) In view that the appellants have reversed the entire amount of modvat credit in respect of which the duty is confirmed on the, the present stay petitions are infructuous and the same are accordingly dismissed.