2005 (1) TMI 467

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..... te, S.D.R., for the Respondent. [Order per : V.K. Agrawal, Member (T)]. - The issue involved in this appeal filed by M/s. Banswara Syntex Ltd., is whether Modvat credit of the duty paid in respect of HSD Oil, was available to them during the period from July, 1997 to October, 1997. 2. Shri K.K. Anand, learned Advocate, submitted that High Speed Diesel (HSD) Oil is used as fuel for generat .....

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..... llants are not eligible for availing the Modvat credit of the duty paid on HSD Oil; that in the decision in the case of Associated Cement Companies Ltd. (supra), the provisions of Section 112 of the Finance Act, 2000 were not brought to the kind attention of the Hon'ble Supreme Court. He also relied upon the decision of the Rajasthan High Court in the case of Shree Cement Ltd. v. Union of India, 2 .....

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..... 112 of the Finance Act, 2000. The decision, thus, is per incuriam the provisions of Section 112 of the Finance Act, 2000, which has validated the denial of the credit of duty paid on HSD Oil during the period from 16-3-1995 to the date on which the Finance Act, 2000 received the assent of the President of India. In view of the decisions relied upon by the learned SDR, we find no merit in the appea .....

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