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TMI Blog2002 (7) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... : Archana Wadhwa, Member (J)]. The short point involved in the present appeal of the Revenue is as to whether the respondents are entitled to take the Modvat credit of duty paid by them on the inputs in terms of Notification No. 24/94-C.E., dt. 20-5-94 or they should have been taken Modvat credit on deemed based in terms of Notification No. 29/96-C.E. (N.T.). We find that the said issue was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tends the facility of deemed Modvat credit to the assessee at the rates specified vide Notification issued by the Central Govt., wherever the appellants are not able to produce the duty paying documents. As such it is the extention of facility of Modvat credit at deemed rates and on deemed basis and cannot take away the assessees right to avail the Modvat credit on actual basis in terms of Rule 57 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 96 on 3-9-96 itself. The very fact that these inputs and final products were also specified on 3-9-96 in the Notification issued under Rule 57A(1) shows that wherever the assessee could produce the actual evidence of payment of duty on the inputs, the same would be available as credit at those rates. It is well settled proposition of law that wherever two benefits are available simultaneously to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sons to take a different view. The Revenue in their memo of appeal have not contented that the above decision of the Tribunal was appealed against by the Revenue or the same has been settled by the Higher Appellate Forum. They were only submitting that the earlier decision is required to be re-considered. We have already taken a view. It has not been challenged by the Revenue. Accordingly, we do n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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