TMI Blog2019 (6) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 03.05.1997 was held to be illegal by the High Court of Gujarat, Hon'ble High Court in the case of GUJARAT NARMADA VALLEY FERTILIZER CO. LTD. VERSUS UNION OF INDIA [ 2012 (12) TMI 1117 - GUJARAT HIGH COURT] . In the instant case, there is no dispute that duty has been paid at the rate 15% ad-valorem. It is seen that in the absence of the benefit of ratio of the decision of the Hon'ble ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19, the decision of the Hon'ble High Court of Gujarat came to his knowledge which he submitted to the Tribunal vide his letter dated 04.03.2019. He argued that the said decision is a binding precedent and therefore, should have been considered though it was not submitted when the matter was finally heard but submitted later. 3. He argued that in these circumstances, ROM applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Modvat credit to the extent of amount of excise duty calculated at the rate of 10% ad valorem in cases where full excise duty at the rate of 15% was paid, is declared illegal and therefore, quashed. In other words, the application of clause (i) to the proviso shall be confined to only those cases where the manufacturers had purchased the inputs by paying the excise duty only at the rate of 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rat in the case of Gujarat Narmada Valley Fertilizer Company Limited vs. UOI 2017 (345) ELT 50 (Guj.) has examined the notification No. 14/97-CE (NT) dated 03.05.1997 and observed as follows:- 16. In the result the impugned notification dated 3-5-1997 insofar as it limits the Modvat credit to the extent of amount of excise duty calculated at the rate of 10% ad valore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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