2002 (9) TMI 748

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...., for the Respondent. [Order]. - In this appeal, filed by M/s. Flex Chemicals Ltd., the issue involved is whether the entire duty of Excise paid on Residual Fuel Oil (RFO) used as inputs is available as Modvat Credit or the Credit is restricted to the amount of Excise duty calculated at the rate of 10% ad valorem. 2. Shri Kailash Chander, Representative of the Appellants, submitted t....

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....itted that the issue involved has been decided by the following two decisions of the Tribunal:- (1) Camphor & Allied Products Ltd. v. CCE, Lucknow - [2002 (147) E.L.T. 600 (T)] = 2002 (51) RLT 169 (CEGAT) (2) CCE, Chandigarh v. Arti Steels Ltd. [2001 (138) E.L.T. 1066 (T)] = 2001 (47) RLT 571 (CEGAT). 3. Shri S.C. Pushkarna, learned D.R., reiterates the findings as containe....

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....bunal in the case of Arti Steels Ltd. (supra). The Tribunal has held that "since the RFO on which the Modvat Credit had been claimed by the Respondents does not stand covered by the Notification No. 14/97 which restrict the claim of the Modvat Credit in respect of the goods produced or manufactured in India to the extent of excise duty calculated at the rate of 10% ad valorem, we do not find any l....