9911796707
TMI Blog1998 (11) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... , for the Respondent. [Order per : G.R. Sharma, Member (T)]. Vide the present reference application Revenue submits that a point of law arises out of findings of the Tribunal in their final Order No. A-218, dated 3-3-1998. The question of law formulated is whether or not distilled fatty acid is an eligible input for grant of credit under Rule 57K of the Central Excise Rules, 1944 read wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that distilled fatty acid is not a specified item and since it is not a specified item money credit on rice bran oil used in distilled fatty acid would not be admissible as money credit to the respondents herein. He submitted that in the notification decided by the Apex Court there were no words to restrict it to only two cases where rice bran oil was directly used. He submits that in the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced. He submits that there is no restriction that distilled fatty acid should have been a specified item in view of the fact that if the process of hydrogenation and hydrolysis is carried out in an outside factory money credit will be allowed. He submits that situation was more or less similar before the Apex Court in the case of Tata Oil Mills which was relied upon by the Tribunal. He submits t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is carried in an outside factory money credit shall be admissible. In the instant case rice bran oil was subjected to hydrogenation which brought into existence distilled fatty acids and therefore there was clear clarification that in such cases money credit shall be eligible. We also find that the word alone is used in Rule 57K(1)(a). The department is of the view that for these restrictions, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
