2001 (3) TMI 430

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..... he applicants are manufacturers of steel ingots etc. falling under Chapter 72 of Central Excise Tariff Schedule. Till 31-7-1997, they were availing the facility of Modvat credit on inputs under Rule 57A of the Central Excise Rules. With effect from 1-8-1997, they are covered by the Compounded Levy Scheme under Section 3A of the Central Excise Act, whereunder they have a liability to pay duty of ex .....

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..... the Modvat credit taken as above was not liable to be reversed. The Department was not satisfied with that decision, which was therefore reviewed by the Commissioner, pursuant to which an appeal was preferred to the Commissioner (Appeals). The lower appellate authority reversed the decision of the AC and held that the above Modvat credit was liable to be reversed. Hence the appeal of the assessees .....

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..... heard ld. JDR who has reiterated the findings of the lower appellate authority. 3. I have carefully examined the above submissions. I find that the demand in question was raised on the applicants by the Department by invoking Rule 57H(7). I have examined that provision of law, and I find that the provision is, prima facie, not applicable to the facts of this case. That is a provision which provi .....

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