1998 (7) TMI 195

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..... Respondent. [Order per : S.L. Peeran, Member (J)]. This reference application has been filed by the Revenue for reference of the matter to the High Court. The Tribunal allowed the benefit of Modvat credit to HSD Oil under Rule 57D of the Central Excise Rules, 1944 under Notification No. 5/94 as amended by Notification 8/95 issued under Rule 57A which specifically excludes HSD oil as an .....

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..... entitled for the benefit of Modvat credit. The Bench also found that there is also contradiction between Notifications 8/95 and 11/95. Notification 8/95 denies benefit of Modvat credit to HSD oil but without referring to the purpose for which such oil has to be used. In other words HSD oil used for any purpose for the manufacture of any product is rendered ineligible for the benefit of Modvat cre .....

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..... for generation of electricity are concerned, must prevail over the non-specification or exclusion under Notification 8/95. In this view of the matter, the Bench held that HSD oil referred to in the declaration submitted by the assessee, if it satisfies the conditions in the second proviso of Rule 57D would be eligible for the benefit of Modvat credit. 3. We notice from the ruling of the Bench, t .....

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