Telangana High Court

WP/26613/2007 of M/s. The India Cements Ltd. Vs Superintendent of Customs and Central Excise, on 27 December 2007

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COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE MRS. JUSTICE T.MEENA KUMARI AND THE HON’BLE MS. JUSTICE G.ROHINI WRIT PETITION NO. 26613 OF 2007 Dated : December 27, 2007 Between: M/s. The India Cements Ltd., Vishnupura, Wadapally, Nalgonda District Rep. by its Manager

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IN THE HIGH COURT OF JUDICATURE OFANDHRA PRADESHAT HYDERABAD

THE HON’BLE MRS. JUSTICE T.MEENA KUMARIAND

THE HON’BLE MS. JUSTICE G.ROHINI

WRIT PETITION NO.26613 OF 2007

Dated : December 27, 2007

Between:

M/s. The India Cements Ltd.,Vishnupura, Wadapally, Nalgonda DistrictRep. by its Manager AccountsSri K.Varahala Raju Petitioner

AND

Superintendent of Customs and Central Excise,Miryalaguda Range, Church Road, Miryalaguda.

Respondent

THE HON’BLE MRS. JUSTICE T.MEENA KUMARIAND

THE HON’BLE MS. JUSTICE G.ROHINI

WRIT PETITION NO.26613 OF 2007

ORAL ORDER:(per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI)

Seeking a writ of Mandamus declaring the impugned notice dated 10.12.2007, issued by therespondent in Proceeding No.OC No. 1043/2007, asillegal, arbitrary and unjustified, the petitioner filed this writpetition.

The petitioner is a Public Limited Company and isan assessee on the rolls of the respondent, engaged inthe manufacture and sale of cement. It is averred that thepetitioner being a manufacturer of cement is entitled toCENVAT credit. In the process of manufacture of cement,the petitioner uses limestone as the principal raw material.It is submitted that in accordance with the provisions ofRule 57A of the CENVAT Credit Rules, 2002, thepetitioner has availed the CENVAT credit on the inputs,but the Appellate Authority, while confirming the order ofthe Lower Authority has held that the petitioner is notentitled for Modvat Credit for the explosives used in themines, which was also affirmed by the Tribunal by itsorder dated 9.8.2000. Hence, the present writ petition.

When this writ petition is taken up for hearing, it issubmitted by the learned counsel for the petitioner that theissue involved in the instant writ petition is covered by thedecisions rendered in C.E.R.C. Nos. 2, 3 and 4 of 2007dated 26.12.2007, whereby the R.Cs. were alreadyordered in favour of the assessee.

Consequently, the writ petition is closed in terms ofthe order passed in C.E.R.C. Nos. 2, 3 and 4 of 2007

dated 26.12.2007. No order as to costs.

____________________T.MEENA KUMARI, J.

December 27, 2007MAS

____________G.ROHINI, J.

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