UNI DERITEND LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE,

JUDGEMENT

(1.) The appeal itself is taken up for disposal with the consent of both sides after waiving the predeposit and staying recovery of the amounts involved. The issue relates to denial of modvat credit on HSD Oil, I addition to denial of credit penalty of Rs. 8,000/ - has been imposed by the lower appellate authority in the impugned order.

(2.) In the light of the introduction of Section 112 of the Finance Act, 2000 which his come into force with effect from 12.5.2000, there is no justification for entertaining the appeal relating to denial of credit, and this is the view that had been taken by the Larger Bench of the Tribunal in the case of Chemo Pulp Tissues and Ors. v. CCE Meerut and Ors. [2000 (38) RLT 988 (CEGAT -LB)]. Therefore the appeal is dismissed However we make it clear that in view of the explanation, order imposing penalty is not sustainable, and we accordingly set aside the same.

(3.) The appeal is disposed of as above. (Pronounced in Court)