2003 (5) TMI 277

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....llant. Shri Arun Chopra, DR, for the Respondent. [Order per : Gowri Shankar, Member (T)]. - The application is for waiver of deposit of duty of Rs. 18,72,748/-, and a penalty of Rs. 1 lakh demanded and imposed on the ground that the applicant was not entitled to take Modvat credit of duty paid on that quantity of high speed diesel oil and gasoline received by it which was used in the gene....

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....is the dutiable final product, of the remainder about half are used in the factory for other purposes and the remaining half sold to the Electricity Board. He contends that the provision of Clause (4) of Rule 57B(1) makes it clear that credit of the duty paid on inputs used for generation of electricity or steam used for manufacture of final product or for use within the factory of production for ....

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....n emerges : (1)     The input must be used for generation of electricity or steam; (2)     The electricity or steam so generated must be used for manufacture of final product or for any other purpose; (3)     The use referred to in (ii) above must be within the factory of production. 5. This requirement prima facie appear....