Per Justice U.L. Bhat :

Appellant engaged in manufacture of cement, has a captive power generation plant for the user of which HSD oil is necessary. Appellant filed declaration under Rule 57G of the Central Excise Rules, 1944 seeking to avail Modvat credit on HSD oil. Assistant Commissioner held that HSD oil is not eligible to the benefit of the Modvat Scheme in view of the Notification No. 8/95, dated 16.3.1995 which specifically excluded HSD oil from the purview of specified inputs. This order having been affirmed by the Commissioner (appeals), the assessee had filed the present appeal.

2. Rule 57A of the Rule deals with applicability of the Modvat Scheme. It says that the provisions of Section AA shall apply to such finished excisable goods as the Government may specify in this behalf for the purpose of allowing credit of any duty of excise or additional duty as may be specified in such Notification paid on the goods used in or in relation to the manufacture of the said finished goods and for utilising the credit so allowed towards payment of duty of excise leviable on finished product, as may be specified in the Notification. On other words, as Rule 57A stood at the relevant