TMI Blog2002 (5) TMI 679X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Counsel for the appellants argued that identical issue has already been decided by this Bench of the Tribunal in the matter of CCE, Coimbatore v. Sri Venkateswara Steel Industries reported in 1996 (86) E.L.T. 446 wherein in para 4 the Tribunal has held that after crossing the limit of Rs. 75 lakhs an assessee do not cease to be SSI Units and would continue to be availing the benefit of Notification No. 1/93. In this view of the matter deemed credit under M.F. (D.R.) Order TS/36/94-TRU, dated 1-3-94 will continue to be admissible to SSI Units even after crossing the limit of Rs. 75 lakhs when they start paying duty at full rate. 3. Shri G.S. Menon, learned SDR referred to paras 8 9 of the impugned order in which the learned Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his notification, during the year in question and continue to operate under this notification through out the year. The said para 4 of the Tribunal order is reproduced herein below : 4. We have considered the pleas made by both the sides. We observe that the benefit of Modvat credit has been made available specifically to the categories of assessees who are availing of the benefit of Notification 1/93. To be eligible to the benefit of Notification 1/93 certain criteria as set out in the notification has to be satisfied. This criteria relate to aggregate value of clearances made in the past year and also whether the goods being manufactured are branded goods of another person or not and the exemption is granted based on certain slab rate, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey were when they cleared goods at slab rate up to Rs. 75 lakhs. The wording used in the notification viz. the facility available is to those who are availing the benefit of Notification 1/93 can be taken to be as identifying the category of manufacturers who satisfy the criteria as set out in Notification 1/93 and who actually avail of the benefit of this notification during the year in question and continue to operate under this notification throughout the year. In this view of the matter, we hold that the lower appellate authority s order is maintainable in law and we therefore, dismiss appeal filed by the Revenue. 5. Respectfully following the above decision we are of the considered view that deemed credit under M.F. (D.R.) Order TS ..... X X X X Extracts X X X X X X X X Extracts X X X X
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