1996 (1) TMI 225

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....hat the declaration filed by the appellant under Rule 57G of the CER. 2. Sh. Vijayaraghavan, the learned Consultant, submitted that the appellant got ribbed bars from M/s. Steel Authority of India Ltd. and used it as an input in the manufacture of CTD bars and ribbed bars. Instead of specifically describing the input in the declaration as ribbed bars, the appellant had declared the same as re-rollable scrap instead of rollable material. It was submitted that the inputs in question would fall under Chapter 7214.90 of the Tariff and this has been included in the declaration filed by the appellant. The final product is also covered by Notification No. 177/86 and Chapter Heading 72 would cover the appellants final products included in t....

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....laration is not correct is sustainable in law and on facts. We note that the inputs and the finished products are covered by the Modvat scheme and the duty paid nature of input is not in doubt. The appellant has also given a correct tariff description and we further note that the ribbed bars were also defective bars which should be construed as re-rollable scrap. The trade notice of the Madras Collectorate relied upon by the appellant reads as under :- "It has been represented to Board by Trade that Modvat Credit is not allowed on account of the following :- (i)  The classification of the inputs declared by the assessee under Rule 57G does not tally with the correct classification because the same has been incorrectly classified ....