2003 (12) TMI 551

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . [Order]. The appellant was engaged, as a job worker, in the manufacture of steel structurals. It received raw materials for making such goods from Tata Projects Ltd. The appellant took deemed credit as provided in Notification 58/97. The notification declares the duty shall be deemed to have been paid on inputs specified therein at 12% of the price declared by the manufacturer in the i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... not been complied. The Assistant Commissioner, whose order has been confirmed on appeal by the Commissioner (Appeals), confirmed the denial of the credit and imposed a penalty on it. Hence these appeals. 2. The Counsel for the appellant contends that the condition in Paragraph 5 of the notification is the one of simple procedural and not substantive condition and if literal interpretation given .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s condonable. No doubt, the decision deals with a case where the assessee took credit on input that it captively consumed. However, in its decision the Tribunal, after considering various judgments of the Supreme Court specifically construed the notification in such a manner as to lead to justice and avoid hardship. Judicial discipline requires to me to abide by the ratio of this decision. I do no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X