2005 (3) TMI 113

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....peal is against the judgment dated 4th May, 1999. The question was whether the Respondent was entitled to Modvat credit of duty paid on HSD oil used as fuel for generation of electricity in the Respondent's factory. The Tribunal by the impugned judgment has held that they are so entitled. 3. Section 112 of the Finance Act, 2000 provides as follows :- "112. Validation of the denial of credit ....

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....and effectively taken or done, as if the provisions of sub-section (1) had been in force at all material times and, accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority. (a) no suit or other proceedings shall be maintained or continued in any court, tribunal or other authority for allowing the credit of the duty paid on high ....

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....ately after the expiry of the said period of thirty days till the date of payment. Explanation. - For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this section had not come into force." Thus, by this provision no credit is admissible on any duty paid on high speed di....