9911796707
TMI Blog2005 (9) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... After withdrawal of the Compound Levy Scheme w.e.f. 1-4-2000 the appellant availed of Modvat credit on the inputs which was cleared from the factory of the manufacturer prior to 1-4-2000 and received by the appellant during the period from 1-4-2000 to 30-4-2000. They availed of the deemed Cenvat credit of Rs. 2,38,207.56 on 176.450 metric tones of inputs M.S. ingots. The Department disputed availing of the credit by the appellants and proceedings were initiated. They allege that the credit taken by the appellants was not proper. The appellants in their reply dated 12-2-2001 to the show cause notice claimed that they were eligible to have the benefit of deemed Cenvat credit received by them and cleared from the factory of the manufacturers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Compound Levy System was in vogue. The goods, however, were received by them in April, 2000 and they were eligible to have the benefit of deemed credit by virtue of Notification No. 29/2000. Therefore he submits that the appeal may be allowed and the deemed credit may be allowed to the appellant. He relies on the decision rendered in the case of J.M.G. Steel (P) Ltd. v. CCE, Patna - 2004 (175) E.L.T. 639. 3. Ld. JDR supports the impugned order. He submits that the benefit of Notification No. 29/2000-C.E. (N.T.) was not available to the appellant. The appellant under Rule 57AB is entitled to have Cenvat credit equal to the amount of duty supplied by the input i.e. M.S. Ingots which was fixed at the rate of 750 per metric tonne. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacturers in the invoice accompanying the said inputs and the credit of the deemed duty was determined shall be allowed to manufacturer of the final product. This credit should be utilised only towards payment of duty of excise leviable under the said Act on the said final product. It has been further mentioned that the goods are to be received directly from the manufacturer of the final product from the factory of the manufacturer of the said input under the cover of an invoice declaring that the appropriate duty of excise has been paid on such input under the provision of Section 3A of said Act. In view of above position of law, the deemed Cenvat credit availed by the appellant cannot be denied. In view of above provision of Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X
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