TMI Blog2003 (5) TMI 186X X X X Extracts X X X X X X X X Extracts X X X X ..... dvat credit at the rate of 15% for the period January, 1998 to January, 1999 which was equal to the duty actually paid. However, Notification No. 14/97-CE (N.T.), dated 3-5-1997 amended notification No. 5/94, dated 1-3-1994 restricting the Modvat credit to 10%. After this was pointed out to the appellants, they reversed the excess credit of 28,31,394/- taken by them earlier. Such reversal took pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puts used as fuel has a non obstante clause "Notwithstanding anything contained in Rule 57A" and therefore, the Notification issued under Rule 57A restricting the credit to 10% is not applicable in their case. 3. Shri M.K. Gupta, learned Jt. C.D.R. brings to our notice the decision of the Tribunal in the case of Jindal Polymer v. C.C.E., Meerut, 2001 (129) E.L.T. 467 in which the same issue rais ..... X X X X Extracts X X X X X X X X Extracts X X X X
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