2000 (7) TMI 472

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....lant. None, for the Respondent. [Order per : G.R. Sharma, Member (T)]. -  Commissioner of Central Excise, Chandigarh has submitted this reference application stating that a point of law reading as "Whether the Hon'ble CEGAT is correct in extending the deemed credit benefit to a Unit availing of the exemption in terms of Notification No. 1/93-C.E., dated 28-2-1993 even after crossi....

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....deemed Modvat credit once he crosses the exemption limit of Rs. 75 lakhs and confirmed the demands. The Commissioner (Appeals) set aside the order of the Dy. Commissioner. Following the ratio of the decision of this Tribunal in the case of M/s. Venketashwara Steel Industries v. CCE, Coimbatore reported in 1996 (86) E.L.T. 446 (Tri.) = 1996 (65) E.C.R. 103, Revenue filed an appeal before the Tribun....

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....on under Notification No. 1/93-CE. The Revenue have, therefore, prayed that a point of law as formulated above arises out of the order of the Tribunal. It is, therefore, prayed that the reference application may be allowed. 3. None appears for the respondent. They have, however, requested for deciding the issue on merits. 4. We have heard Shri S.K. Das, Ld. DR for Revenue. We have ....