2002 (2) TMI 945

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....ified as an input under any Notification issued under Rule 57A ?" The Hon'ble High Court has also directed to draw a statement of facts together with the materials required for answering the question by their order dated 12-12-2001 in the Revision case Petition No. 19 of 2002. Statement of Facts 2. The Respondents-assessee are manufacturers of cotton yarn and man-made yarn falling under Chapters 52 & 55 of the CET, 1985 respectively. They were also availing Modvat credit of duty paid on excisable goods used as input under Rule 57A of C.E. Rules, 1944 respectively. During the course of scrutiny of RT-12 returns filed by the assessee, it was found that they have taken Modvat credit on HSD oil for the period from 1-11-97 to 31-3-....

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....heir letter dated 15-10-97 applied for condonation under Rule 57G(9) of the Central Excise Rules, 1944 and on 1-11-97 they have availed the credit but not utilized the same for that portion of credit covered under condonation application dated 15-10-97. In a similar manner even though the credit has been availed after 1-3-98, same has not been utilized in view of the amendment of Rule 57A and Rule 57B by the Government excluding HSD oil from the purview of Modvat credit. 3. The Assistant Commissioner has raised a question as to whether the assessee is eligible for credit on the input HSD oil (HSD). He noted that the word 'inputs' in Rule 57B(1) refers only to such goods as have been specified in a Notification issued under Rule 57A.....