9911796707
TMI Blog1999 (5) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... Member (T)]. Captioned 2 appeals have been filed by the Revenue against the order of the Collector (Appeals) who held that I have considered the submissions made by the appellants in the memoranda of appeals and also the arguments tendered by the ld. Counsel at the time of personal hearing. The main point which required determination in these appeals is whether the appellants are entitled t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of ship breaking scrap obtained by breaking up of ships, boats and other floating structures imported into India. The appellants have, therefore correctly availed Modvat credit of duty in excess of Rs. 500/-. 2. The facts of the case briefly stated are that the respondents are engaged in the manufacture and clearance of steel ingots. They are availing the facility of Modvat credit of duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Order-in-Original. 4. Shri R.S. Saini, ld. Consultant submits that in the mean time the Govt. of India had issued a Notification No. 62/90 which inter alia provides that Modvat credit on scrap obtained from breaking up of ships, boats and other floating structures imported on or after the 20th day of March, 1990, on which duty of Customs leviable thereon under the First Schedule to the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Limited [F.O. Nos. 65 to 70/99-B1, dated 22-1-1999] holding that the materials received by them were obtained by breaking up of ships, boats and other floating structure imported into India were entitled to the credit at the rate of Rs. 600/- PMT and that the provisions of Notification No. 177/86 are not attracted. He submits that their case is fully covered by the decision of this Tribunal in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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