2007 (3) TMI 650

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..... e short issue involved in the present appeal is, as to whether the appellant is entitled to deemed Modvat credit in terms of Govt. of India s Order No. 332/30/87-TRU issued under the provisions of Rule 57G(2), when the inputs have admittedly been cleared at nil rate of duty. While confirming the demand of duty the Commissioner (Appeals) has relied upon the Larger Bench decision of the Tribunal in .....

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..... d and deemed credit allowed. However, I find that the ratio of the above decision is not applicable inasmuch Government of India s order, being Order No. TS/36/94-TRU, dated 1-3-94 did not contain prohibition about the inputs being clearly recognizable as non-duty paid, or having been cleared at nil rate of duty. It was, in these circumstances, that the Bench held that the Larger Bench decision is .....

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..... y Government of India under Rule 57G(2) provision and is only to the effect that ingot and re-rollable materials of iron or steel purchased outside may be deemed to have been paid @ Rs. 365/- per tonne. As such the said letter is not applicable inasmuch the same is not issued under the provision of Rule 57G(2). Further, in the present case the inputs have clearly been cleared at nil rate of duty i .....

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