2000 (7) TMI 472

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder 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 crossing the value of clearances of Rs. 75 lacs wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on 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 Tribunal. The Tribunal by its Final Order Nos. A/51-61....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ave, 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 also perused the case law cited and relied upon by t....