TMI Blog2002 (4) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... from Order-in-Appeal No. 86/2000, dated 24-11-2000 by which the Commissioner (Appeals) has denied Modvat credit in respect of MILCY 40 oil which is used as lubricating oil in the generator. There is no doubt on this aspect of the matter about the oil being a lubricating oil and used for the purpose of lubricating generator. The party has sent a written submission stating that the Larger Bench in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation before the Hon'ble High Court on this issue. 3. On a careful consideration of the submission I notice that 2 of the Larger Benches have already held that the Modvat credit is required to be extended to lubricating oil. There is no doubt in the present case that MILCY 40 oil has been noted to be used in the lubricating oil for lubricating the generator. Therefore in terms of the Larger ..... X X X X Extracts X X X X X X X X Extracts X X X X
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