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2018 (1) TMI 1210 - HC - Central ExciseDeemed credit - Whether the Appellate Tribunal was right, under the facts and circumstances of the case, in denying the benefit of Deemed Credit in terms of the Government of India’s Order No. TS/36/94/TRU, dated 1-3-1994 to the appellants after their crossing the value of clearances of ₹ 75.00 Lacs under N/N. 1/93-C.E., dated 28-2-1993 as amended? Held that: - the submission of the learned Counsel for the Revenue is devoid of merit and is contrary to the Notification dated 1st March, 1994, issued by the Central Government, in exercise of the powers conferred under the second proviso to Rule 57G(2) of the Central Excise Rules, 1944, directing that the ingots and re-rollable materials of iron or steel purchased from outside and lying in stock on or after the 1st day of April, 1994, with the re-rollers, availing of the exemption under N/N. 1/93-Central Excises, dated the 28th February, 1993, will be deemed to have paid duty and the credit of duty in respect of such ingots and re-rollable materials used without undergoing the process of melting, in the manufacture of goods falling under Chapters 72 and 73 of the Schedule to the Central Excise Tariff Act, 1985, may be allowed at the rate of ₹ 920/- per tonne, without production of documents evidencing the payment of duty. In our view, in view of this Notification dated 1st March, 1994, the appellant was not required to produce the documents evidencing the payment of duty while availing of exemption under the Notification No. 1/93-Central Excises, dated 28th February, 1993. Impugned order set aside - appeal allowed.
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