2015 (1) TMI 755 - HC - Central Excise

Captive consumption - intermediary product - Naphtha - manufacturing of exempted goods - Benefit of Notification No. 67/95 - It is the contention of the appellants that the reversal satisfies the conditions of Notification 67/95 read with Rule 6 of Cenvat Credit Rules, 2002 - High Court admitted appeal on the following substantial questions of law - Whether CESTAT was justified in applying the ratio of this Hon ble High Court judgment in Indorama Synthetics 2007 (7) TMI 315 - HIGH COURT OF JUDICATURE AT BOMBAY to the facts in the present case? Whether Tribunal was justified in invoking the ratio of this Hon ble Court s judgment in Indorama Synthetics which related to admissibility of credit under Cenvat Credit Rules on one hand land on the other hand holding that provisions relating to meaning assigned to input under Cenvat Credit Rules being wider cannot be made applicable for interpretation of exemption Notn.? Whether Tribunal has erred in upholding the demand pertaining to allied activities without considering various submissions made including judgments from various judicial for a, CBEC instructions etc.?

Summary

The Bombay High Court admitted an appeal based on substantial questions of law regarding the application of a previous judgment to the current case, interpretation of Cenvat Credit Rules, and consideration of various submissions in a demand pertaining to allied activities.