1989 (3) TMI 260

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....nt, besides the penalty of Rs. 18,000/- under Rule 173-Q(bb) of the Central Excise Rules, 1944. 2. The appellant is engaged in re-rolling of steel materials and the end-product manufactured are M.S. flats, M.S. rods, M.S. bars, M.S. angles out of M.S. angles and M.S. rods etc. The appellant submitted a declaration for availing the benefit of Modvat credit on 31-3-1987 which was acknowledged by the Department on 1-4-1987 and thereafter the appellant was availing the Modvat credit in respect of the specified goods received by him and this was also evidenced by the R.T. 12 returns periodically submitted by the appellant which were also accepted after scrutiny by the proper officer without any objection. Subsequently, on 21-9-1987 the P....

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....uty. The learned D.R. submitted that though this statutory direction would govern now the case of the appellant, at the time when scrutiny was made by the Departmental Officers on 21-9-1987 the statutory direction of the Government of India was not in force and the view of the Government then was that credit would not be available for such goods in such situation. 5. We have carefully considered the submissions made before us. The short question that arises for consideration in the present case is whether the deemed credit availed of by the appellant for the period 1-4-1987 to 30-8-1987 in respect of re-rollable waste and scrap of iron or steel is legally permissible or not. We have gone through the statutory direction issued under ....

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....llable materials used, without undergoing the process of melting in the manufacture of goods falling under Chapter 72 or 73 of the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986), may be allowed at the rate of Rs. 365/- per tonne, without production of documents evidencing the payment of duty. 4. It is, therefore, requested that credit of duty under Rule 57A of the Central Excise Rules, 1944 maybe granted in terms of the directions given above to re-rollers. 5. Please acknowledge receipt of this letter." This being a statutory direction, specifically and expressly covering the period in question namely from 1-4-1987 to 30-8-1987 in respect of inputs which were consumed by the appellant, the appellant would become e....