BHUPINDRA STEEL LTD. Vs. CCE, NEW DELHI

JUDGEMENT

(1.) This matter involved modvat credit of Rs. 6620.54% availed by the appellants on the inputs HSD Oil. A penalty of Rs. 2000/ - imposed on the appellants by the Commissioner of Central Excise Division -IV, Faridabed vide his order dated 11.2.99 is also the subject matter of this appeal. The matter is listed today for admission. I have heard Shri B.L.Ghai,CMD of the appellant's company and Shri Swatantra Kumar,JDR for the respondents.

(2.) It is seen that the Commissioner(Appeals) New Delhi in his order dated 29.12.2000 while dismissing the appeal of the party has observed that vide Section 112 of Finance Act,2000,modvat credit of duty paid on HSD oil has been dis -allowed with restrospective effect from 16.3.95 onwards.Accordingly the modvat credit on HSD is not available to the party.

(3.) In view of the above clear position in law on the subject and the small amounts involved in the appel,I am of the view that this is not a fit case for admission. Accordingly the admission is refused in terms of the 2nd proviso to section 35B(1), of the Central Excise Act, 1944.