2003 (10) TMI 223

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..... Agrawal, Member (T)]. - The issue involved in this Appeal is about admissibility of Modvat credit on HSD oil. 2. When the matter was called, no one was present on behalf of the appellants M/s. Shyam Filaments Ltd. They have requested under their letter dated 14-10-2003 for adjourning the matter on the ground that the same issue is pending before the Hon'ble Supreme Court in some other matters....

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....sister concern M/s. Shree Rajasthan Syntex Ltd.; that further, Special Leave Petition filed by Shree Cement Ltd. has been admitted by the Supreme Court on 20th January, 2003. It is, further, mentioned that in view of the matters being sub-judice, the lower authorities should have not decided the matter against them and it should have been kept in abeyance awaiting the decision of the Supreme Court....

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....spect of HSD oils. The Larger Bench of the Tribunal in the case of Chemo Pulp Tissues v. CCE, Meerut - 2000 (119) E.L.T. 715 (Tri. - LB) has held that provision of Section 112 of the Finance Act, 2000 has come into force with effect from 12-5-2000 in view of which high speed diesel oil is not eligible for benefit of credit during the period 16-3-1995 to 12-5-2000. Similar views have been held by t....