2007 (11) TMI 491

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..... espondent. [Order per : P.G. Chacko, Member (J)]. After examining the records and hearing both sides, we find that the short question to be considered in this case is whether the appellants were entitled to avail Modvat credit to the extent of 15% ad valorem on LDO (Light Diesel Oil) used as a fuel, during the period 23-7-96 to 28-2-97, in the generation of electricity which was used for .....

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..... od of dispute. But the claim of the assessee before us is under Rule 57D, more particularly, under the third proviso to sub-rule (2). This proviso reads as under :- Provided also that the credit of specified duty shall be allowed in respect of inputs which are used for generation of electricity or steam used for manufacture of final products or for any other purpose, within factory of productio .....

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