TMI Blog1994 (8) TMI 149X X X X Extracts X X X X X X X X Extracts X X X X ..... ading 72.12 of the Schedule to the Central Excise Tariff Act, 1985 purchased from outside and lying in stock on or after 1-6-1986 with the manufacturers manufacturing final products specified in the Notification No. 177/86 has to be deemed as having been superseded by Order No. 332/30/87-TRU, dated 2-11-1987 which was issued in supersession of the Ministry of Finance (Department of Revenue) Order No. B.22/5/86-TRU, dated 7-4-1986 under which in respect of steel and articles thereof falling under Heading 72.12 when purchased from outside or lying in stock on or after 1-3-1986 for use as input deemed credit was prescribed at the rate of Rs. 365 per tonne. The Collector (Appeals) has held that deemed credit of Rs. 365 per tonne in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a, Learned Advocate, stated that Collector (Appeals) had erred in holding that Order No. B. 22/5/86 dated 12-6-1986 was issued in modification of Order No. 22/5/86-TRU, dated 7-4-1986 and had become a part of that order. She contended that the order dated 12-6-1986 being an independent order enhanced the rate of deemed credit only in respect of steel sheets of thickness not exceeding 5mm and falling under Heading 72.12 and it could not be deemed to have been superseded by Order No. 332/30/87-TRU, dated 2-11-1987 which only superseded the Order No. B. 22/5/86, dated 7-4-1986. She stated that wherever the intention was to issue an order in modification of Order No. B. 22/5/86-TRU, dated 7-4-1986, the Government had clearly indicated so in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resentations have been received from various manufacturers and their associations, manufacturiy various final products specified in Notification No. 177/86-Central Excises, dated the 1st March 1986, issued under Rule 57A of the Central Excise Rules, 1944 regarding grant of credit of excise duty paid on various ferrous and non-ferrous metals on a deemed basis. After considering the representations received in this regard and also taking into account the changes brought about by the Finance Act, 1988, in respect of ferrous and non-ferrous metals, the Government have, in supersession of Order F. No. B. 22/5/86-TRU (Pt), dated 12-6-1986 and F. No. 332/30/87-TRU, dated 2-11-1987, decided to issue the following directions under the second proviso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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