9911796707
TMI Blog2012 (8) TMI 909X X X X Extracts X X X X X X X X Extracts X X X X ..... t appears that RFO does not fall within the six items which have been included under the separated, with regard to Modvat credit. The Tribunal had relied upon the notification dated 3rd May, 1997 and reversed the findings of adjudicating authority. The findings recorded by Tribunal seems to be based on the consideration of notification dated 3rd May, 1997, proviso to which includes only naphtha, f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the appelicant and Shri Bharat Ji Agarwal, learned Senior Advocate appearing for respondent. 2. This is a reference application under Section 35H of the Central Excise Act, 1944. 3. The short question involved in the reference application is as to whether the duty payable with regard to Residual Fuel Oil (RFO) and Low Sulphur Heavy Stock (LSHS) shall be the same or not? The Adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of Revenue) No. 5/94-Central Excise (N.T.), dated the 1st March, 1994 namely :- 5. In the said notification, after the portion (b) are used in the manufacture of final products which are cleared from the factory on or after the 1st day of March, 1944, the following proviso shall be inserted, namely :- Provided further that, the credit of specified duty paid in respect of inputs, namely ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... included under the separated, with regard to Modvat credit. The Tribunal had relied upon the notification dated 3rd May, 1997 and reversed the findings of adjudicating authority. The findings recorded by Tribunal seems to be based on the consideration of notification dated 3rd May, 1997, proviso to which includes only naphtha, furnace oil, low sulphur heavy stock, light diesel oil, bitumen and pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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