9911796707
TMI Blog1996 (1) TMI 198X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. [Order per : G.R. Sharma, Member (T)]. The present appeals have been filed against the order of Collector (Appeals) denying them the modvat credit on bars, rods and squares. Shri G.S. Bhangoo, the learned Counsel for the appellants submitted that the appellants herein had filed a declaration on 15-7-1987 describing the inputs as steel billets and rounds/steel blocks. The learned Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... On the question of square, the learned Counsel submitted that the squares are nothing but billets. He referred to Glossary of Terms in IS : 1956 (Part III) - 1975 wherein Item 2.2 reads : 2.2 Billet - A semi-finished product obtained by forging, rolling or continuous casting, usually square and not exceeding 125 x 125 mm in cross-section with rounded corners and is intended for further processi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edit. In terms of this Rule, the demand for the period prior to 28th June, 1989 will not be covered and will be hit by limitation. Similarly, for the demand for the period from Oct., 1989 to March, 1990, the show cause notice was issued on 26-4-1990 and therefore, the credit taken before 26th Oct., 1989 shall be hit by limitation. The learned Counsel therefore, prayed that the modvat credit taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or continuous casting. 4. Heard the submissions of both sides. On careful consideration of the submissions, we find that rounds have been described according to the contention of the appellants, as bars and rods because, the cross-section of the bars and rods is round. We also find that in the challan, the goods have been described as RCS. The challan has been issued by M/s. Tata Iron and Steel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en raised for a period subsequent to 6-10-1988, they will be governed by the provision of Rule 57-I. Accordingly, we hold that the demand raised under the show cause notice dated 26-4-1990 will be hit by limitation for the period prior to 26-10-1989. Similarly, the demand raised under show cause notice dated 28-12-1989 shall be hit by limitation for the period prior to 28-6-1989. But for the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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