1997 (2) TMI 330

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....ng 7501.00. Subsequently, on prescription of a format for declaration under Rule 57G, the appellants herein declared in October, 1986 only "nickel" falling under Tariff Heading 7501.00. In this subsequent declaration they did not declare the other input namely `nickel-magnesium alloy' as they had earlier done in March, 1986. 1.2 Long after i.e. on 15th September, 1992, a show cause notice was issued by the Department that Modvat credit on 'nickle-magnesium alloy' has been taken without any declaration of the said input in their declaration filed in October, 1986. Consequently, the show cause notice proposed reversal of Modvat credit and recovery thereof since the Modvat credit taken to the tune of Rs. 7,80,170.03 had been utilised d....

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....57G, wrong mention of heading and sub-heading of the product is not material. On the above basis, he submits that March, 1986 declaration covers their goods for availment of Modvat credit taken by them during the period March, 1992 to August, 1992. 1.4 He further submits that even the declaration made in October, 1986 also covers the said input namely "nickel-magnesium alloy" because the declaration of "nickel" against Tariff Heading 7501.00 is not only for "nickel" per se but would also cover "nickel-magnesium alloy" keeping in view Note 3 of Section XV which states that an alloy of two or more metals has to be treated for the purpose of classification is of the same metal which is predominant. In other words, "nickel-magnesium all....