COMMISSIONER OF CENTRAL EXCISE Vs. CASTROL INDIA LTD

JUDGEMENT

(1.) This appeal filed under Section 35G of the Central Excise Act, 1944 ['1944 Act' for short] was admitted on 8 th February, 2012 on two substantial questions of law. However, at the hearing of the appeal, the aforesaid substantial questions of law have been by consent reframed into one substantial question of law as follows:-

(2.) Since the above question has been raised in several appeals, we requested Mr. M.H. Patil, Advocate to assist the Court as Amicus Curiae. Accordingly, we have heard Mr. Jetly, counsel for the appellant-revenue, Mr. Dighe, counsel for the respondent-assessee and Mr. M.H. Patil as Amicus Curiae.

(3.) The assessee is a manufacture of excisable goods. The assessee inter alia during the year 2000 had availed Modvat credit of central excise duty paid on inputs used in the manufacture of the final products under Rule 57AB of the Central Excise Rules, 1944 ['1944 Rules' for short].