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TMI Blog2012 (9) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed under the notification, i.e. first Rs. 30 Lakhs, then Rs. 20 Lakhs and then Rs. 25 Lakhs - in favour of the assessee - TRC No. 2 of 2004 , 5 of 2004 and 5 of 2005 - - - Dated:- 7-4-2011 - N. Kumar and Ravi Malimath, JJ. REPRESENTED BY : Shri S. Raghu, Advocate, for the Assessee. Shri V.K. Narayana Swamy, Advocate, for the Department. [Judgment per : N. Kumar, J.]. Shri V. K. Narayana Swamy is directed to take notice for respondent in TRC No. 5/2004. 2. TRC Nos. 2/2004 and 5/2004 are the references at the instances of the assessee whereas TRC No. 5/2005 is a reference at the instance of the revenue. 3. The question of law which is referred is as under :- Whether the facility of deemed modvat credit under M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and therefore for the remaining extent thy have to pay duty at normal rate and merely because their total turnover exceeds Rs. 75 Lakhs, they cannot be denied the benefit extended to them under the said notification. However, the assessing authority over-ruled the said objection and directed them to pay duty denying the concessional rate which they had availed of. 5. Aggrieved by the said order they preferred an appeal before the Commissioner of Customs and Excise who set aside the order of the assessing officer and granted the benefit. Aggrieved by the same the revenue preferred an appeal to the Tribunal. One of the appeals came to be disposed off in the light of the judgment of the Tribunal dismissing the appeal and upholding the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Doaba Steel Rolling Mills [2010 (257) E.L.T. A53 (P H)] following the judgment of the Himachal Pradesh High Court held that the assessee is entitled to the benefit under the said notification if its clearances are less than Rs. 2 Crores. 8. We have gone through the notification. Before an assessee avails the benefit under the said notification, he has to satisfy various requirement stipulated therein. Once such requirements are met then the assessee would be entitled to the concessional payment of rate of duty to the extent of Rs. 75 Lacks. Even in respect of Rs. 75 Lakhs there are three slabs and three rates of duty are prescribed. But, this benefit is extended to an assessee whose total clearances is less than Rs. 2 Crores. In other ..... X X X X Extracts X X X X X X X X Extracts X X X X
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