9911796707
TMI Blog1994 (3) TMI 254X X X X Extracts X X X X X X X X Extracts X X X X ..... esh 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 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 India, MZN 67,942/- 2. 199/93 M/s. Bhagirathi Iron Steel (P) Ltd., MZN 60,053/- 3. 200/93 M/s. Durga Ispat ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification 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 seriol 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 the Central Government by making a suitable amendment by Notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Central Excise, New Delhi reported in 1993 (49) ECR 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, Sh. K.K. Dutta reiterates the findings of the lower authorities as already set out above. He also relies upon, for the plea of following the procedural requirement in allowing MODVAT credit, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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