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TMI Blog2001 (10) TMI 209X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) of Notification No. 5/94-C.E. dated 1-3-94 issued under Rule 57A of Central Excise Rules, 1944. It is the contention of the appellant that the restriction imposed under the above clause in the matter or taking Modvat credit is applicable only when the ships, boats and other floating structure referred therein are manufactured in India. 2. The appellant a small scale manufacturer is engaged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged that the credit is restricted to the extent of Rs. 920/- per M.T. Appellant was also directed to show cause as to why the penalty u/s 173Q should not be imposed on it. No reply was given by the appellant to the above show cause notice. By order dated 25-1-96, the Assistant Commissioner, Central Excise confirmed the order of recovery of Rs. 27,681/- under Rule 57-I of the Central Excise Rules, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia. The appellant has placed reliance on the decision of the Tribunal in the case of M/s. Atam Concast Steel (P) Ltd. v. CCE Chandigarh, 1996 (81) E.L.T. 232. The learned DR submitted that the above contention in respect of inputs falling under chapter heading 72.30 73.27 would make it clear that the restriction imposed under Clause (2) is not limited to ships, boats etc. manufactured in India. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s as follows: "(2) the credit of specified duty paid in respect of inputs, namely; the goods falling under heading Nos. 72.30 and 73.27 and obtained from breaking up of ships, boats and other floating structure as are manufactured in India and used in the manufacture of final products in any place in India shall be restricted to the extent of Rs. 920 per tonne or the actual duty paid, whichever ..... X X X X Extracts X X X X X X X X Extracts X X X X
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