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TMI Blog2002 (2) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... 57A ? The Hon ble High Court has also directed to draw a statement of facts together with the materials required for answering the question by their order dated 12-12-2001 in the Revision case Petition No. 19 of 2002. Statement of Facts 2. The Respondents-assessee are manufacturers of cotton yarn and man-made yarn falling under Chapters 52 55 of the CET, 1985 respectively. They were also availing Modvat credit of duty paid on excisable goods used as input under Rule 57A of C.E. Rules, 1944 respectively. During the course of scrutiny of RT-12 returns filed by the assessee, it was found that they have taken Modvat credit on HSD oil for the period from 1-11-97 to 31-3-98 amounting to Rs. 20,72,101/- including an amount of Rs. 1,11,240 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tilized the same for that portion of credit covered under condonation application dated 15-10-97. In a similar manner even though the credit has been availed after 1-3-98, same has not been utilized in view of the amendment of Rule 57A and Rule 57B by the Government excluding HSD oil from the purview of Modvat credit. 3. The Assistant Commissioner has raised a question as to whether the assessee is eligible for credit on the input HSD oil (HSD). He noted that the word inputs in Rule 57B(1) refers only to such goods as have been specified in a Notification issued under Rule 57A. He noted that the Modvat credit of duty paid on motor spirit and HSD oil would not be available since they have not been specified in Notification No. 5/94-C.E. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Tribunal. The Tribunal held in the main order that in view of the Larger Bench judgment of the Tribunal the credit of duty on HSD oil is required to be given as it was an eligible input under Rule 57A. 6. Aggrieved by the above order of the Tribunal the Revenue filed Revision application before the Hon ble High Court in Revision No. 19/2000 and the Hon ble High Court after due hearing directed the Tribunal to draw up the question of law as noted in the reference matter of the Hon ble High Court for answering the same. 7. Shri A. Jayachandran, learned DR, for the department has produced four sets of paper book for forwarding statement of facts along with the question to the Hon ble High Court. 8. We have drawn up the above statem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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