JUDGMENT

KAPADIA, J.—

1.Leave granted in special leave petitions.

2.In this batch of civil appeals the short question which arises for determination is : whether the assessee is entitled to MODVAT credit under Rule 57A on Low Sulphur Heavy Stock (LSHS) and furnace oil used for generating electricity captively consumed for the manufacture of the final products such as caustic soda, cement etc.

3.For the sake of convenience we may refer to the facts in the case of Civil Appeal No.6465-6475 of 2001 Commr. Of Central Excise & others v. M/s. Solaris Chemtech Ltd. and others (earlier known as ‘M/s. Ballarpur Industries Ltd.’).

4.Low Sulphur Heavy Stock (LSHS) is used by the assessees as fuel for generating electricity which in turn is captively consumed for the production of caustic soda and cement.

5.Rule 57A (MODVAT Rule) reads as under :

“Rule 57A. Applicability. —

(1)The provisions of this section shall apply to such finished excisable goods (hereinafter referred to as the “final products”), as the Central Government may, by notification in the Official Gazette, specify in this behalf, for the purpose of allowing credit of any duty of excise or the additional duty under section 3 of the Cust