2016 (6) TMI 15 - HC - Central Excise

Entitlement to avail benefit of deemed credit of duty - Notification No. 1/93-CE dated 28.2.1993 - Re-rollable material used as inputs in terms of the order dated 1.3.1994 of Government of India, Ministry of Finance even after crossing the exemption limit of ₹ 75 lacs - Held that - by following the various decisions of Tribunal and High Court s, the appellant is entitled to avail benefit of deemed credit of duty on re-rollable material. Accordingly, the order of the Tribunal dated 1.3.2004 is set aside. - Decided in favour of appellant

Summary

Issues:
Interpretation of Notification No. 1/93-CE dated 28.2.1993 and deemed credit order dated 1.3.1994.
Validity of availing deemed credit after crossing the exemption limit of ?75 lacs.

Analysis:
1. The appellant appealed against the order passed by the Tribunal, claiming the benefit of deemed credit on re-rollable material even after exceeding the exemption limit of ?75 lacs. The appellant argued that the Tribunal misinterpreted the notification and order, leading to the denial of their claim.

2. The Tribunal, relying on Digamber Foundry case, held that manufacturers crossing ?75 lacs in clearances cannot avail benefits under Notification No. 1/93-CE and the deemed credit order. However, the Himachal Pradesh High Court in Sood Steel Industrial case disagreed with this view, emphasizing that the benefit is available to manufacturers with clearances under ?2 crores, irrespective of crossing ?75 lacs.

3. The Madras High Court in Ganesh Steels case supported the Himachal Pradesh High Court's interpretation, stating that the notification deals with duty exemption, while the deemed credit order pertains to goods in stock after a specified date. The court emphasized that as long as the manufacturer did not exceed ?200 lakhs in clearances, they could avail the exemption.

4. Additionally, the High Court of Gujarat in Vinubhai Steel case ruled in favor of the assessee, aligning with the decisions of the Himachal Pradesh and Madras High Courts. The court emphasized the importance of satisfying the conditions of the notification and deemed credit order for availing benefits.

5. Consequently, the High Court set aside the Tribunal's order, ruling in favor of the appellant and against the revenue. The court clarified that the benefit of deemed credit could be availed as long as the manufacturer met the criteria specified in the notification and order, irrespective of crossing the ?75 lacs exemption limit.