2019 (6) TMI 121

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....TECHNICAL) Shri Willingdon Christian, Advocate for the Appellant Shri T.K. Sikdar, Assistant Commissioner (AR) for the Respondent ORDER RAJU This ROM application has been filed by M/s. Indian Oil Corporation Limited in respect of order No. A/10489/2019. 2. Ld. Counsel pointed out that after the matter was heard on 27.02.2019, the decision of the Hon'ble High Court of Gujarat ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s held to be illegal by the High Court of Gujarat, Hon'ble High Court in the case of Gujarat Narmada Valley Fertilizer Company Limited vs. UOI - 2017 (345) ELT 50 (Guj.) observed as follows:- "16. In the result the impugned notification dated 3-5-1997 insofar as it limits the Modvat credit to the extent of amount of excise duty calculated at the rate of 10% ad valorem in cases where f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o. A/10489/2019 dated 13.03.2019 came to a contrary conclusion. 6. In view of the above, the ROM application is allowed in the following terms. The Para 4 and 5 of the order are replaced by the following:- "4. Hon'ble High Court of Gujarat in the case of Gujarat Narmada Valley Fertilizer Company Limited vs. UOI - 2017 (345) ELT 50 (Guj.) has examined the notification No. 14/97-CE (....