1997 (2) TMI 275

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..... der]. This is an appeal filed by M/s. Marudhara Conductors against the impugned order dated 23-9-1993 passed by Collector (Appeals), Central Excise, New Delhi. 2. Shri S. Madhavan, ld. Chartered Accountant appearing for the appellants submitted that the issue relates to denied of notional credit. He said that notional credit has been denied on the ground that Rule 57B applies only to purch .....

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..... m wires were classifiable under heading 76.05. It was submitted by him that M/s. Guru Nanak Steel Mills, a SSI processor availed Modvat credit on wire rods and utilised the credits towards payment of excise duty on clearances of wires. Further the appellants availed modvat credit on the duty paid on such wires. Modvat credit availed by them has been permitted by the department but notional credits .....

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..... n words of the provisions. They cannot be referred to for the purpose of construing the provision when the words used are clear and unambiguous nor they can be used for cutting down the plain meaning of the words in the provisions. Only in the case of ambiguity or doubt the headings or sub-headings may be referred to as an aid in construing the provision but even in such cases it cannot be used fo .....

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..... rate otherwise applicable to such inputs but for the said notification : Provided that the said notification provides for grant of credit in respect of such inputs at such higher rates as may be specified therein. 3. Shri P.K. Jain, ld. SDR reiterated the findings given by the authorities below in denying the benefit of notional credit. 4. I have carefully considered the matter. In the insta .....

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..... pointed out by the ld. counsel for the appellants relying upon the decision of the Supreme Court. In the facts and circumstances and in view of the observations made by the Supreme Court with reference to the interpretation of statute, I accept the contention of the party that notional credit in the instant case cannot be denied. In the view I have taken, I accept the appeal. Accordingly, appeal .....

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