1994 (2) TMI 182

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....for the Appellant. Shri J.M. Jeyaseelan, DR, for the Respondent. [Order per : S. Kalyanam, Member (J)]. - Shri Natarajan, the learned Consultant for the appellants submitted that the issue in the above appeals relates to the appellant's eligibility to avail higher notional credit (MODVAT) on special excise duty. The learned Consultant was fair enough to state that the issue has been decid....

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....ll. Section 3 of the Central Excises & Salt Act, 1944 refers to excise duty leviable under the Schedule and even after the replacement of the Schedule by the Central Excise Tariff, 1985 there is absolutely no mention therein also of any special excise duty. The source and origin of Special Excise duty admittedly is from the Finance Act of the respective years. The Finance Act, which is an independ....