TMI Blog2001 (1) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... , Member (T)]. These four appeals are filed by the appellants agitating against confirmation or various demands of duty. Duty amounting to Rs. 37,59,775.00 has been confirmed on the ground that there was discrepancy in cold rolled strips cleared on payment of duty and that recorded in the diary. Duty amounting to Rs. 9,07,081.00 has been demanded on the amount shown in the diary even though i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rips presuming that conversion of hot rolled strips into cold rolled strips amounts to manufacture. 2. Arguing the case for the appellants, Shri R. Swaminathan, the ld. Consultant submits that the Hon ble Supreme Court in the case of CCE, Chandigarh v. Steel Strips Ltd. reported in 1995 (77) E.L.T. 248 ruled that cold rolled steel strips produced out of duty paid hot rolled steel strips do not u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y on cold rolled steel strips after taking Modvat credit on hot rolled steel strips. The ld. SDR submits that since this point was not raised nor was the decision of the Apex Court brought to the notice of the authorities below, the papers may be sent back to them for examining the case in the light of the decision of the Apex Court. 6. We have heard the rival submissions. We note that the admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not think it necessary to refer the case to lower authorities for examination. We therefore, following the ratio or the above decisions hold that no duty will be payable on cold rolled steel strips if duty has already been paid on hot rolled steel strips. In this view of the matter, we are not going into other aspects agitated in the appeals. The appeals are disposed of in the above terms. Conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X
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