2002 (5) TMI 679

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....volved in these appeals. 2. Shri R. Raghavan, learned Counsel for the appellants argued that identical issue has already been decided by this Bench of the Tribunal in the matter of CCE, Coimbatore v. Sri Venkateswara Steel Industries reported in 1996 (86) E.L.T. 446 wherein in para 4 the Tribunal has held that after crossing the limit of Rs. 75 lakhs an assessee do not cease to be SSI Units and would continue to be availing the benefit of Notification No. 1/93. In this view of the matter deemed credit under M.F. (D.R.) Order TS/36/94-TRU, dated 1-3-94 will continue to be admissible to SSI Units even after crossing the limit of Rs. 75 lakhs when they start paying duty at full rate. 3. Shri G.S. Menon, learned SDR referred to para....

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.... in notification and who actually avail of the benefit of this notification, during the year in question and continue to operate under this notification through out the year. The said para 4 of the Tribunal order is reproduced herein below : "4. We have considered the pleas made by both the sides. We observe that the benefit of Modvat credit has been made available specifically to the categories of assessees who are availing of the benefit of Notification 1/93. To be eligible to the benefit of Notification 1/93 certain criteria as set out in the notification has to be satisfied. This criteria relate to aggregate value of clearances made in the past year and also whether the goods being manufactured are branded goods of another person or no....