9911796707
TMI Blog1996 (11) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... pondents. [Order per : S.S. Kang, Member (J)]. The applicant filed three stay applications for grant of waiver of pre-deposit of total Rs. 1,02,44,698.07P. The applicant availed the benefit of Modvat credit on LSHS (Low Sulphur Heavy Stock) and furnace oil used in D.G. sets for generating electricity during the period September, 1994 to 15-3-1995. The benefit of Modvat credit is disallow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al product. In support of his contention, he relied upon the stay order No. S/455/96 NB, dated 26-9-1996 passed by the Northern Bench of the Tribunal whereby the Bench granted the stay in respect of light diesel oil, furnace oil and mobile oil used in the furnace in manufacture of iron and steel casting. Ld. Counsel also relied upon the decision of Hon ble Supreme Court in case of Indian Farmers a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents, reiterated the finding arrived at by the Commissioner, Central Excise. 5. Heard both sides. In the present case the applicants are availing Modvat credit on the inputs LSHS and furnace oil which are used in the DG sets for generating electricity which is further used for manufacture of their final product. The Rule 57A of the Central Excise Rules, 1944 at the relevant time provides the b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess of inert gas generation had to be treated as integral part of the process of the manufacture of Ammonia, which in turn was used for manufacture of fertiliser. The appellant required water of a high degree of purity in high pressure boilers and heat exchangers in the ammonia and urea plant. Ammonia was used therein for purifying the water. The use of Ammonia in the water treatment and steam gen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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