2003 (12) TMI 56

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....aged in the manufacture of cement at its plant located at Adityanagar, Malkhed Road, Gulbarga District. Petitioner is having thermal power plant and diesel generating sets. In the diesel generating sets, petitioner is using LDO. Petitioner has been availing credit on the said LDO as an input under Cenvat Credit Rules, 2002. Petitioner was availing credit on the said LDO as an eligible input. Rule 2(g) of the Cenvat Credit Rules ("the Rules") amended to exclude LDO as an input and in Explanation (1), LDO has been included in terms of Notification No.13/2003 dated 1-3-2003. Annexure-A is the Notification. The Board thereafter issued a circular in terms of Annexure-B. Thereafter, respondent No. 2 by his letter dated 23-4-2003 directed the peti....

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....ation to the manufacture of final products whether directly or indirectly and whether contained in the final ting oils, coolants, accessories of the final products cleared along with the final product, goods used as paint, or as packing material, or as fuel, or generation of electricity or steam used for manufacture of final products or for any other purpose, within the factory of production. "Explanation 1. - The high speed diesel oil or motor spirit commonly known as petrol, shall not be treated as an input for any purpose whatsoever." The said rule has been amended in terms of Annexure-A. In terms of the amended rule, in Explanation-1, for the words "the high speed diesel oil", the words "the light diesel oil, high speed oil" were ....

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....ey use inputs on which duty is paid by them. Modvat scheme was in existence at the relevant point of time. They claimed refund in terms of an unamended provision prior to 1-3-1997. Rule 57F(17) of the Central Excise Rules, 1944 was amended on 1-3-1997. Similar words are seen in the amended Rule 57F(17) of the said Rules. It provided that "nothing contained in this clause shall apply to the credit of duty, if any, in respect of inputs lying in stock or contained in finished products lying in stock on the first day of March, 1997". Claim was rejected on the ground that the amended sub-rule 17 comes in the way of refund claim. The Supreme Court, with these facts notices with regard to vested right in these matters. Supreme Court ruled that rig....