ITC BHADRACHALAM PAPER Vs. COMMISSIONER OF CENTRAL EXCISE,

JUDGEMENT

(1.) THIS appeal arises from order in Appeal No. 16/99 (H -1) CE dt.16.2.99 passed by the Commissioner (Appeals) by which the Commissioner (Appeals) upheld the rejection of Modvat credit on HSD oil.

(2.) THE matter had been referred to Larger Bench in view of the conflict views. In the meantime, by Finance Act 2000, the Government took a decision not to extend Modvat credit on HSD oil with retrospective effect in terms of Clause (1) of Section 112 of the Finance Act 2000. In view of the legislation promulgated denying the Modvat credit on HSD oil, the impugned order required to be set aside.

(3.) WHEN the matter was called none appeared for the Appellants, despite notice.