M/S. Jai Bhawani Concast (P) Ltd. vs C.C.E. Jaipur on 23 May, 2001
6. Having examined the submissions, I observe that, regarding the quantity of 1319 kgs. of raw materials which were admittedly lying with another unit of the appellants, at the material time, the appellants' counsel has not been able to successfully rebut the plea of the DR. The remaining quantity of raw materials is 29484 kgs. It was out of this quantity that a quantity of 6804.9 kgs. were lying with the appellants' job workers. Ld. Counsel has argued that this quantity should be considered to be a part of the appellants' stock of inputs for purposes of Rule 57H. In this connection. He has relied on the Tribunal's Final Order No. A/58/2000-NB (DB) dated 28.1.2000 in Appeal No. E/55/93-NB (DB) in the case of Jai Drinks (P) Ltd. v. CCE, Jaipur. In the cited case, a part of the inputs on which the assessee wanted to take Modvat credit under Rule 57H was lying with their dealers. The Tribunal found that since those goods were owned by the assessee that should also be deemed to be a part of the stock of inputs with the assessee for purposes of Rule 57H.