- (1.)Heard the learned counsel for the parties.
(2.)This appeal is filed against the judgment and order dated 8-9-1999 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, South zone, Madras (for short "the Tribunal") in Appeals Nos. E/stay/94 of 1999 and E/1073 of 1999 whereby the Tribunal allowed the appeal of the assessee by holding that in previous decisions rendered by the Tribunal, it was decided that MODVAT credit is available for high-speed diesel oil used as fuel for generation of electricity which in turn is used for running the cement plant for the period prior to 1-3-1997 as well as subsequent thereto up to 1-3-1998. It is also pointed out that the Tribunal has all throughout taken a consistent view that MODVAT credit is required to be extended to HSD oil used as fuel for generation of electricity which in turn is used for running of machine for manufacture of final product.
(3.)Mr Ranjit Kumar, learned Senior Counsel appearing for the department, referred to all relevant rules, trade notice issued under Section 57-A as well as notifications on the subject and has also succinctly pointed out the contentions which are sought to be raised by the Department.