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2013 (5) TMI 37 - HC - Central ExciseEntitlement of deemed credit – availing benefit of Notification No.01/93-CE – Appellant SSI manufacturer availed MODVAT Credit for the inputs used in the manufacture of final products and also availed deemed credit on the ingots and re-rollable materials of iron and steel purchased from outside. As per Board's letter F.No.TS/36/94 the re-rollers availing the exemption under Notification No.1/93-CE were eligible for availing the Deemed Credit on the inputs. Revenue denied the same. In the appeal preferred by the Appellant, following the decision of the Tribunal in Digambar Foundary v. CCE, [2000 (3) TMI – 78], the Tribunal held that the aggregate value of clearances in the financial year had exceeded ₹ 75 lakhs and Appellant was not eligible for the benefit. Held that - In the present case, Appellant is a SSI manufacturer who can availed the benefit up to the given value limit i.e. ₹ 75 lakhs will continue to be categorised as one still availing and entitled to the benefits of the Notification even after the value limit is crossed and also the same has not crossed the value of clearance of ₹ 200 lakhs during the preceding financial year and availed full exemption under Notification No.1/93-CE and thereafter started paying duty. Therefore, Appellant cannot said to be not availing exemption under Notification. The Deputy Commissioner had recorded factual finding that the Appellant satisfied the conditions Notification No.1/93-CE and Ministry's Deemed Credit Order TS/36/94 TRU and applying the ratio laid down by the Division Bench of Himachal Pradesh High Court in Sood Steel Industrial (P) Limited v. Commissioner of Central Excise [2009 (4) TMI-62]. Thus, the order of Tribunal cannot be sustained. Appeal is allowed.
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