2001 (11) TMI 967

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nt. [Order per : Archana Wadhwa, Member (J)]. After rejecting the request for staying the operation of the impugned order made by the Revenue, we take up the appeal itself inasmuch as the issue is decided in favour of the respondents by the earlier decisions of the Tribunal. 2. The Asst. Commissioner vide his impugned order held that the Tor Steel is excisable and the respondents were .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ods it is the contention of the Revenue that inasmuch as no declaration was filed, Modvat credit cannot be allowed to the respondents. 4. After hearing Shri D.K. Bhowmik, ld. JDR for the Revenue and Shri S.C. Mohanty, ld. Advocate for the respondents we find that the issue is no more res integra. The Tribunal in the following cases have held that in case of subsequent demand of duty, Modvat cred .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... edit is not to be denied on the ground of non-filing of declaration. In fact the factual position in the case of Apex Steel Pvt. Ltd. is identical to the respondents case inasmuch as it was the excisability of the Tor Steel and the dutiability of the same during the identical period, which was the subject matter of decision in that case. The Tribunal held that even if the requisite procedure was .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X