JUDGMENT

G.P. Mathur, J.-These appeals by special leave have been preferred by the Commissioner of Central Excise, Jaipur II, against the judgment and order dated 20.8.2002 of Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi (for short CEGAT) by which the appeal preferred by the appellant against the order of Commissioner (Appeals) allowing CENVAT Credit to the respondent M/s. J.K. Udaipur Udyog Ltd., on explosives used in mines was dismissed.

2. The assessee carries on the business of manufacturing cement falling under Chapter 25 of the Schedule to the Central Excise Tariff Act, 1985. The assessee has been granted a mining lease by the Government of Rajasthan and the limestone excavated from the mines is used for manufacture of cement. The mining area is at a distance of few kilometers from the plant where the cement is manufactured. Explosives are used for blasting purpose in the mines. During the period April to August 2000, the assessee took CENVAT Credit under Rule 57AB of the Central Excise Rules (for short Rules ) on the explosives used in mines. The Assistant Commissioner, Central Excise, issued a notice to the assessee on 18.4.2001 on the ground, inter alia, t