2015 (10) TMI 684

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....Central Excise Reference Cases filed under Section 35H(1) of the Central Excise Act, 1944, the question that arises for consideration is as to whether the petitioner, i.e., assessee is entitled to the Modvat credit for the high speed diesel oil used by it for generation of captive power for its cement plant. The Assessing Officer, the Appellate Commissioner and the Tribunal took uniform view that ....

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....e Rule and, by process of interpretation, in certain cases, it was allowed. However, the Act has put an end to the uncertainty. 4. The relevant clause of the Act reads as under : "Clause 108 seeks to deny credit of the duty paid on high speed diesel oil when used in the manufacture of excisable goods with retrospective effect from the 16th day of March, 1995. It was never the legislativ....