9911796707
TMI Blog2000 (10) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... 93 can be taken to be as identifying the category of manufacturers who satisfy the criteria as set out in Notification No. 1/93 and who actually avail of the benefit of this Notification during the year in question and continue to operate under this Notification throughout the year. In this view of the matter, we hold that the lower appellate authority s order is maintainable in law and we, therefore, dismiss the appeal filed by the Revenue . 2. The point of law formulated is whether after crossing the limit of Rs. 75 lakhs of aggregate value of clearances the assessee will be entitled to take deemed Modvat credit . 3. The facts of the case are that the respondents in this case are engaged in the manufacture of re-rolled articles of Ir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Arguing the case for the Revenue Shri R.C. Sankhyala, ld. JDR submits that the relevant portion of Ministry s Order No. TS/36/94-TRU, dated 1-3-1994 reads under: In exercise of the powers conferred under the second proviso to Rule 57-G(2) of the Central Excise Rules, 1944 and in supersession of Order F.No. 342/5/91-TRU, dated 7-7-1992 as amended, the Central Govt. hereby directs that the ingots and re-rollable materials of Iron or Steel purchased from outside and lying in stock on or after the Ist day of April, 1994, with the re-rollers, availing exemption under Notification No. 1/93-CX, dated 28-2-1993, will be deemed to have duty paid and the credit of duty under Rule 57-A of the said Rules in respect of such ingots and re-rollab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aras can also not be read in an isolated manner. He submitted that one of the settled principals of construction of an exemption notification is that it should be construed strictly, but once goods are found to satisfy the test by which it falls in the exemption notification then it cannot be excluded from it by construing such notification narrowly. Ld. Counsel, therefore, argued that no case is made out for reference to the High Court and prayed that the reference application may be rejected. 6. We have heard the rival submissions. We note that Ministry s Order No. TS/36/94-TRU, dated 1-3-1994 is capable of two interpretations and the position is not clear whether the benefit of deemed Modvat credit is applicable even after the limit of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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