TMI Blog2005 (7) TMI 445X X X X Extracts X X X X X X X X Extracts X X X X ..... ar, ld. Advocate for the appellants and Shri A. Raha, ld. SDR for the respondents. 2. Shri Majumdar submits that in the present case the Commissioner (Appeals) failed to appreciate the facts that Notification No. 5/94-CE (NT), dated 1-3-94 and Notification 58/97-CE, dated 30-8-97 are mutually exclusive, covering two different areas of Modvat Scheme. Notification No. 5/94 CE (NT), dated 1-3-94 de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... supports the impugned order. 4. I have perused the relevant Notifications, records and the impugned order. Sub-rule (6) was inserted under Rule 57A of the then Central Excise Rules, 1944 by virtue of the Notification No. 44/97-C.E. (N.T.), dated 30-8-97 to allow deemed credit on certain inputs which were brought under the system of fixed rate of duty under Section 3A of the Act. Section 3A provi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -6-98, the restriction of 95% was provided on deemed credit but this amending Notification had no application to Notification No. 58/97-C.E. (N.T.), dated 30-8-97. In fact, the Notification No. 14/98-C.E. (N.T.), dated 2-6-98 is an amending Notification whereby the Notification Nos. 5/94-C.E. (N.T.), dated 1-3-94 and 14/98-C.E. (N.T.), dated 2-6-98, among other Notifications, were amended to the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed non-alloy steel can be availed in terms of Notification No. 58/97-C.E., dated 30-8-97 and the restriction of 95% brought in by the Notification No. 14/98-C.E. (N.T.), dated 2-6-98 is not applicable to the hot rolled non-alloy steel product. Therefore, the appellants are entitled for Modvat credit at the rate of 12%. The appeal deserves to be allowed. Consequently, I set aside the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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