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TMI Blog1994 (3) TMI 176X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Rajesh Chhibber, ld. Advocate, in support of the applications praying for waiver of pre-deposit and stay of recovery of demands of duty from various applicants herein, submits that a common issue is involved in all these matters and, therefore, they can be dealt with by a common order. We agree with him and proceed to pass common order for all these applications. 3. Following amounts of duty have been prayed for waiver of pre-deposit and stay of recovery in respect of various appellants as mentioned below : S. No. A. No. NAME OF THE APPLICANTS DEMAND CONFIRMED 1. 198/93 M/s. Barnala Indus, MZN 67,942/- 2. 199/93 M/s. Bhagirathi Iron Steel (P) Ltd., MZN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into bars and rods would not be entitled to the benefit of Notification No. 202/88 before its amendment on 10-3-1992. Hence the aforesaid amounts of duty have been demanded by the Revenue from the various applicants for the period 1-3-1992 to 9-3-1992 on the ground that duty paid ingots used by the various applicants for manufacture into bars, rods of iron and steel are not entitled to the benefit of Notification No. 202/88 before its amendment by Notification No. 53/92, dated 10-3-1992. 5. Ld. advocate submits that there had been an omission by the Central Government in introducing entry at serial No. 2A in the Table to Notification No. 202/88 when it was amended by Notification No. 33/92, dated 1-3-1992. This omission was made good by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment in the case of Byco International Others v. Collector of Central Excise, New Delhi reported in 1993 (49) E.C.R. 126. Ld. advocate, therefore, submits that applicants have strong prima facie case in their favour and the stay petitions be allowed unconditionally. He also submits that he would have no objection to matters being remanded, to the original authority for verifying duty paid character of the ingots used in manufacture of bars and rods and then asking the said authority to allow the MODVAT credit on such verification and adjust the duties now demanded against such admissible MODVAT credit. 7. Ld. JDR, Shri K.K. Dutta reiterates the findings of the lower authorities as already set out above. He also relies upon, for the plea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and rods would be available to the various applicants. Mere fact that the applicants could not file a declaration on the ground of their plea that they were entitled to Notification No. 202/88 cannot deprive the applicants/appellants benefit of MODVAT credit. Accordingly, we allow the stay petitions unconditionally. In the facts and circumstances, we remand the matters to the adjudicating authority to allow the MODVAT credit and adjust the payment of duty now demanded from them against such MODVAT credit admissible to them after verifying the duty paid character of ingots (inputs) in accordance with law. Appeals are thus allowed by remand in the light of the aforesaid directions. Dictated and pronounced in the open court. - - TaxTMI - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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