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2015 (3) TMI 732 - HC - Central ExciseAvailment of deemed credit - deemed credit on Iron and Steel Re-rollable materials @ ₹ 920 PMT - Whether the Tribunal is correct in extending the deemed credit benefit to a unit availing Notification No.1/93-CE dated 28.2.1993, even after crossing the value of clearances of their goods of ₹ 75 lakhs and when they are paying full rate of duty after crossing the exemption limit - Held that - this court has affirmed the view taken by the Tribunal at Madras 1996 (3) TMI 262 - CEGAT, MADRAS - The result is that the respondent assessee was entitled to the benefit of deemed credit benefit in pursuance of the notification dated 28.2.1993. - Decided against Revenue.
Issues:
1. Interpretation of Notification No.1/93-CE dated 28.2.1993 regarding deemed credit benefit. 2. Legality of availing deemed credit after crossing the exemption limit of &8377; 75 lakhs. 3. Challenge to the order passed by the Assistant Commissioner and Commissioner (Appeals). 4. Validity of the Tribunal's decision regarding deemed credit benefit entitlement. Issue 1: Interpretation of Notification No.1/93-CE dated 28.2.1993 regarding deemed credit benefit: The respondent assessee availed deemed credit on Iron and Steel Re-rollable materials @ &8377; 920 PMT. The facility was available to re-rollers under Notification No.1/93-CE dated 28.02.1993 up to the exemption limit of &8377; 75 lakhs. The appellant argued that availing deemed credit after crossing the exemption limit was illegal and sought recovery of the amount. The assessee defended by referring to Order No.TS/36/94-TRU dated 1.3.1994, indicating that the benefit of deemed credit was available as long as the manufacturer availed the exemption under the said notification. The Assistant Commissioner held that the benefit of deemed credit was valid as it was part of the concessional slab rate under the notification. Issue 2: Legality of availing deemed credit after crossing the exemption limit of &8377; 75 lakhs: The department challenged the order passed by the Assistant Commissioner, claiming that the deemed credit availed after crossing the exemption limit was not permissible. The Commissioner (Appeals) dismissed the department's appeal, leading to further challenge before the CESTAT, Mumbai. The CESTAT, relying on a judgment of the Tribunal at Madras, upheld the validity of the deemed credit benefit even after crossing the exemption limit. Subsequently, the High Court affirmed this view in a related case, stating that the respondent assessee was entitled to the deemed credit benefit as per the notification. Issue 3: Challenge to the order passed by the Assistant Commissioner and Commissioner (Appeals): The department's challenge to the orders passed by the Assistant Commissioner and Commissioner (Appeals) was based on the contention that the deemed credit availed by the assessee after surpassing the exemption limit was not legally permissible. However, both authorities upheld the validity of the deemed credit benefit, leading to the department's further appeal to the CESTAT, which also ruled in favor of the respondent assessee. Issue 4: Validity of the Tribunal's decision regarding deemed credit benefit entitlement: The High Court, in the present appeal, examined the validity of the Tribunal's decision regarding the entitlement of the respondent assessee to the deemed credit benefit. Citing a previous case where the Madras High Court affirmed the Tribunal's view, the High Court concluded that the respondent assessee was rightfully entitled to the benefit of deemed credit as per the provisions of Notification No.1/93-CE dated 28.2.1993. Consequently, the High Court dismissed the appeal, ruling in favor of the assessee and against the department.
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