SHREE MANUFACTURING COMPANY Vs. COMMISSIONER OF CENTRAL EXCISE,

JUDGEMENT

(1.) The Appellants have challenged the rejection of Modvat credit on HSD Oil in terms of the proviso to Section 57 D of CEA Rules.

(2.) None has appeared on for the appellants despite issue of notice.

(3.) Ld. DR Shri S. S. Arumugam, points out that the issue is covered by Financial Act 2000 by which the Government has retrospectively held that Modvat credit is not available to HSD Oil. He points out that the Larger Bench in the case of Chemo Pulp Tissues and others vs. CCE, Meerut 2000 (38) 988 RLT (CEGAT -LB) has applied the provisions of clause (1) of Section 112 of Finance Act 2000 and have held that Modvat Credit is not available to HSD oil under Rule 57 A of the Act. He points out that 46 appeals were disposed of by this Bench by Final order No. 945 to 998/2000 dt. 27.7.2000 and hence this issue is covered in Revenue's favour. He prays for dismissal of the appeal.