TMI Blog1995 (7) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... er hearing both parties since we feel that matter has got to be remanded for consideration of the applicability of the ratio of Special Bench in the case of M/s. Geeta Steel Rolling Mills v. CCE reported in 1994 (73) E.L.T. 55, with the consent of both parties by granting waiver of pre-deposit of duty we take up the appeal for disposal today. 2. Proceedings were instituted against the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sequent Notification No. 117/89, dated 16-8-1989. The learned Consultant submitted that in such a situation, the appellant would be eligible to take Modvat credit and precisely this issue came up for consideration before the Special Bench in the case of Geeta Steel Rolling Mills cited supra where the Tribunal held that the appellants in that case could not be deprived of the benefit of Modvat in s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her ruling in the case of Bharat Steel Rolling Mills which was disposed of on 29-4-1994 where in the Special Bench has observed as under : We have carefully considered the pleas advanced from both the sides. We are not impressed by the pleas raised by the ld. Advocate that they were eligible to use ingots for manufacture of bars and rods when the particular inputs was only rerollable material. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey were entitled to Notification 202/88 cannot deprive the applicants/appellants benefit of Modvat credit. Accordingly, we allow the stay petitions unconditionally. In the facts and circumstances, we remand the matters to the adjudicating authority to allow the Modvat credit and adjust the payment of duty now demanded from them against such Modvat credit admissible to them after verifying the du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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