2003 (5) TMI 186

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....pathy, Member (T)]. - Heard both sides. The appellants took Modvat credit at the rate of 15% for the period January, 1998 to January, 1999 which was equal to the duty actually paid. However, Notification No. 14/97-CE (N.T.), dated 3-5-1997 amended notification No. 5/94, dated 1-3-1994 restricting the Modvat credit to 10%. After this was pointed out to the appellants, they reversed the excess credi....

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....t on the ground that Rule 57B which allows credit of duty on inputs used as fuel has a non obstante clause "Notwithstanding anything contained in Rule 57A" and therefore, the Notification issued under Rule 57A restricting the credit to 10% is not applicable in their case. 3. Shri M.K. Gupta, learned Jt. C.D.R. brings to our notice the decision of the Tribunal in the case of Jindal Polymer v. C.....