1. All these three appeals deal with same question of law and fact and hence they are taken up together for disposal as per law.
2.The question that arises for consideration in these appeals is whether appellants are entitled for the benefit of modvat credit on HSD oil.
4. Ld. DR at the outset submitted that as per Claues 1. Section 112 of Finance Act 2000, the Parliament has negatived the grant of modvat credit on HSD oil notwithstanding all judgements which are based in this case. He submits that the issue was taken by Larger Bench of the Tribunal presided over by Hon'ble President in the case of CHEMO PULP TISSUES & OTHERS Vs CCE Meerut & others reported in 2000 (38) RLT 988-(CEGAT-LB) and noting the provision of law upheld Revenue's contention and laid down that in view of legislation passed through Finance Act 2000, the assessee will not be eligible for the benefit of modvat credit. Ld. DR further points out that this Bench took up about 46 similar appeals which were disposed of by Final order No.945 to 998/2000 alongwith stay applications in terms of Larger Bench judgement and Finance Act, 2000.
5. On the other hand, Ld. Counsel Shri V.J.Sankaram appearing for Bhagyanagar Metals Ltd submits that Finance Act cannot have retrospective effect. He cites the following judgements for consideration :- He submits that Finance Act, 2000 cannot override the statutory benefit available to the assessees in terms of modvat provisions. Therefore, the demands have to be held as time barred and the effect cannot override the time limit provided under the statute.
6. On careful consideration of the Submission made by Ld. Counsel and Ld.DR in the matter, I am of the considered opinion that Larger Bench in the case of HEMPO PULP TISSUE PVT. LTD. have also considered this issue and has held that assessee will not be eligible for the modvat credit on HSD oil under rule 57A and 58B of the C.E.Rules. This has been followed by this Bench in a bunch case by Final Order No.945 to 998/2000. In view of this position, as a Single Member, I cannot override the statutory provision of Finance Act on the ruling rendered by Larger Bench and the Devision Bench. In view of the cited cases, judical discipline and Division Bench Cases. Appellants can raise legal point before the appropriate appellate authority to challenge the validity of the Finance Act and the judgements passed by the Tribunal as consended.
7. In view of Larger Bench and this Bench order on Finance Act, 2000 the impugned orders are confirmed by dismissing all the three appeals.
Ordered accordingly.