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1999 (5) TMI 260

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....t. Shri R.S. Saini, Consultant, for the Respondent. [Order per : G.R. Sharma, Member (T)]. - Captioned 2 appeals have been filed by the Revenue against the order of the Collector (Appeals) who held that "I have considered the submissions made by the appellants in the memoranda of appeals and also the arguments tendered by the ld. Counsel at the time of personal hearing. The main point whi....

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....ps, boats and other floating structures as are manufactured in India and not in the case of ship breaking scrap obtained by breaking up of ships, boats and other floating structures imported into India. The appellants have, therefore correctly availed Modvat credit of duty in excess of Rs. 500/-." 2. The facts of the case briefly stated are that the respondents are engaged in the manufactu....

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.... avail the credit in excess of Rs. 500/-PMT. He reiterates the findings of the Asstt. Collector in the Order-in-Original. 4. Shri R.S. Saini, ld. Consultant submits that in the mean time the Govt. of India had issued a Notification No. 62/90 which inter alia provides that Modvat credit on scrap obtained from breaking up of ships, boats and other floating structures imported on or after the....

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....his contention, he cites and relies upon the judgment of this Tribunal in the case of Ludhiana Steels Limited [F.O. Nos. 65 to 70/99-B1, dated 22-1-1999] holding that the materials received by them were obtained by breaking up of ships, boats and other floating structure imported into India were entitled to the credit at the rate of Rs. 600/- PMT and that the provisions of Notification No. 177/86 ....