Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2012 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (8) TMI 909 - ALLAHABAD HIGH COURTBenefit under Notification No. 14 of 1997, dated 3rd May, 1997 - Whether the duty payable with regard to Residual Fuel Oil (RFO) and Low Sulphur Heavy Stock (LSHS) shall be the same or not - Held that:- 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 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 paraffin wax. These six items had been taken out under Chapter 27 of the Schedule to the Central Excise Tariff Act, 1985 giving them different status with regard to different restricted Modvat tariffs. RFO is not covered under the proviso in question. - no substantial question of law involved, which may call for any interference under Section 35H of the Central Excise Act - Decided in favour of assessee.
|