9911796707
TMI Blog2001 (1) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to as per the High Court's order is noted herein below : Whether the CEGAT is correct in extending deemed credit facility extended under Government of India's order No. TS/36/94/TRU, dated 1-3-1994 to an unit availing of the exemption in terms of Notification No. 1/93-C.E., dated 28-2-1993, even after the unit crosses the value of clearance of Rs. 75 lakhs and when the unit pays full rate of duty? Statement of Case 2. The facts of the case are that the appellants are manufacturers of rerollable products falling under chapter 72 of the Central Excise Tariff Act, 1985. They availed deemed credit for the inputs received for the manufacture of the final product as per the Ministry of Finance, Department of Revenue letter Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 996 allowed the assessee's contention and set aside the order of the AC with consequential relief. Aggrieved by the said order, the Revenue filed appeal before the Tribunal. The Tribunal by Order No. 1007/97, dated 27-3-1997 rejected the Revenue appeal by following the ratio laid down by its earlier order in the case of CCE v. Venkateswara Steel Industries as reported in 1996 (86) E.L.T. 446. The relevant para 4 of the order noted in the final order is extracted below : 4. We have considered the pleas made by both the sides. We observe that the benefit of Modvat credit has been made available specifically to the categories of assessees who are availing of the benefit of Notification 1/93. To be eligible to the benefit of Notification 1/93 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e past year and in the year in question in which the inputs are received and taking into consideration their mode of purchase etc. The character of their operations by virtue of 75 lakhs limit therefore does not change and they continue to be the same category of manufacturers as they were when they cleared goods at slab rate upto Rs. 75 lakhs. The wording used in the notification viz. the facility available is to those who are availing the benefit of Notification 1/93 can be taken to be as identifying the category of manufacturers who satisfy the criteria as set out in Notification 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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