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TMI Blog2002 (9) TMI 734X X X X Extracts X X X X X X X X Extracts X X X X ..... e exemption limit of Rs. 75 lacs and starts paying duty at the normal rate? When the case was called, none appeared on behalf of the respondents, in spite of notice. 2. Respondents, M/s. Kalsi Steel and M/s. R.K. Plates Rolling Mills are engaged in the manufacture of bars, angles and channels. Respondents were availing the benefit of small-scale Notification No. 1/93-C.E., dt. 28-2-93 and were also availing the benefit of deemed credit under Ministry s Order No. TS/36/94-TRU, dated 1-3-94. Respondents, after crossing the exemption limit of Rs. 75,000/- (sic), as provided under Notification No. 1/93, dated 28-2-93, continued to avail the benefit of deemed credit. Show cause notice was issued to the respondents for disallowing the bene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on or before 1st day of April, 94 with the re-rollers availing the benefit of exemption Notification 1/93-C.E., dated 28-2-93 will be deemed to have paid duty. It, further, provides that Modvat credit in respect of such input and re-rollable material used without undergoing the process of melting in the manufacture of goods fall under Chapter 72 or 73 of Central Excise Tariff was allowable @ Rs. 920/- per MT. without the production of document evidencing the payment of duty. 5. As the deemed credit order provides facility to take credit without producing any documents only to the manufacturer availed the exemption under Notification 1/93 and when the manufacturer crossed the limit of clearance, as provided under notification, is no more w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y provides that the deemed credit is available to re-rollers availing the exemption under Notification No. 1/93-C.E. and when the manufacturer crosses the exemption limit, as provided under Notification No. 1/93, he was no more working under the said notification, hence is not entitled for the benefit of deemed credit order dated 1-3-94. Notification 1/93-C.E., dated 28-2-93 provides concessional rate of duty upto the clearance of Rs. 75,000/- (sic) and beyond the clearance of Rs. 75,000/- (sic), no manufacturer can avail the exemption under Notification No. 1/93. The deemed credit order dated 1-3-94 issued under Rule 57G(2) of the Rules, provides that ingots and re-rollable material of iron and steel purchased from outside and was lying ..... X X X X Extracts X X X X X X X X Extracts X X X X
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