2001 (1) TMI 445

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....Excise under Notification No. 1/93-C.E., dated 28-2-1993; whether the cost on account of railway package and railway freight was includible in the assessable value and whether the Modvat Credit was available in respect of Welding electrodes which were used for maintenance of plant and machinery. 2. Ms. Anu Ranjana, Learned Advocate, submitted that the appellants are not eligible to avail of exemption under Notification No. 1 /93; that as held by the Tribunal in the case of K.L. Rathi Steels Ltd. v. C.C.E., Delhi-I - 2000 (121) E.L.T. 843 (Tribunal), all the goods manufactured and removed by them be assessed at the appropriate rate of duty without extending the benefit of S.S.I. Notification and allow the relief as available under th....

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....heir classification list effective-from 7-3-1994, they were not eligible to take the Modvat Credit from the beginning; that subsequent reversal of Modvat Credit at the time of clearance of final product is not sufficient as the Modvat credit was not available to them from the very beginning; that their claim, that they are not eligible to avail of exemption under Notification No. 1/93 is not supported by any evidence nor such a claim was made by them before both the lower authorities; that in K.L. Rathi Steel's case, supra, the appellants therein might have established their non eligibility to S.S.I. exemption. He also mentioned that the Tribunal in the case of K.L. Rathi Steel has denied the Modvat Credit in respect of Welding Electrodes a....