2002 (12) TMI 625

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....esh Shah, SDR ORDER Per Justice K.K. Usha, President- The appeal is at the instance of the assessee challenging the order passed by the Commissioner (Appeals) dated 26.12.1997. The appellants are engaged in the manufacture of Stearic Acid, Distilled Fatty Acid, Crude Fatty Acid, Hydroxyl Fatty Acid falling under Chapter Heading 1505.00 of the Central Excise Tariff Act, 1985, which are exe....

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....roduct for the period April 1994 to April 1995. Under Notification dated 18.5.1995, Rule 57C was amended by inserting a third proviso to the Rule with effect from 18.5.1995, when reads as follows : "Provided also that the credit of the specified duty shall be allowed in respect of inputs which are used for generation of electricity or steam, used for manufacture of final products or for a....

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....in their factory. A part of the wire rods were cleared without payment of duty in terms of the provisions of Rule 57F(4). The other part was cleared on payment of duty. The question was whether the appellants were required to reverse modvat credit/pay duty proportionate to the furnace oil used in the manufacture of wire rods cleared without payment of duty. After noting that under sub-rule (2) of ....