2002 (6) TMI 561

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....for the Respondent. [Order]. -  In this Appeal filed by the Revenue, the issue involved is whether deemed credit is available to the respondents M/s. Rubicon Steels under Notification No. 58/97-Central Excise, dated 30-8-97. 2. Shri H.C. Verma, learned Departmental Representative submitted that the respondents manufacture rail coach parts and availed of the Modvat credit of duty....

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....iers were falling have confirmed that M/s. Quality Steels and M/s. Guru Arjun Iron & Steel Rolling Mills and M/s. Gopal Mills have not discharged their duty liability as determined by the Commissioner Chandigarh; that as the supplier had not discharged the appropriate duty liability, the deemed Modvat credit is not admissible to the respondents. 3. On the other hand, Shri Ajay Jain, learne....

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....he Notification No. 58/97 as the duty had been paid on the goods supplied to the respondents therein. He, therefore, contended that it is not necessary that the entire duty should be paid before the deemed credit under the said Notification can be availed of. 4. I have considered the submissions of both the sides. Notification No. 58/97 provides for availment of deemed Modvat credit. Para ....

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....appropriate duty of Excise has been paid on such inputs under the provisions of Section 3A of the Central Excise Act. The Deputy Commissioner in the Adjudication Order has given his finding that the Revenue has contended that three suppliers of the inputs have not discharged their duty liability as determined by the Commissioner of Central Excise under Section 3A of the Central Excise Rules. It ha....