2012 (8) TMI 909

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..... ri Bharat Ji Agarwal, Senior Advocate, for the Respondent. ORDER Heard Shri Rajesh Singh Chauhan, learned counsel 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 pay .....

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..... eby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department 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 .....

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..... uty at the rate of 10% ad valorem." 6. From the plain reading of the aforesaid notification it 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 .....

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