2004 (5) TMI 576

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....ent. ORDER This is a revenue appeal against the impugned order-in-appeal. The Commissioner (Appeals) vide his impugned order accepted the claim of the respondents that, in terms of Letter No. TS/36/94-TRU, dated 1-3-94, the respondents were eligible to take deemed Modvat credit on the steel ingots and re-rollable materials. 2. The respondents were availing the benefit of exemption No....

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....rpretation of the revenue, the said unit ceased to be a unit availing of exemption under Notification 1/93-C.E. after crossing the limit of Rs. 75 lakhs for the reason that, such clearances exceeding the level of Rs. 75 lakhs, paid the normal duty of excise as applicable to any other unit working outside the exemption Notification No. 1/93-C.E. 4. The original authority had accepted the cl....

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....isable goods for home consumption had exceeded Rs. 300 lakhs in the preceding financial year. 8. It is apparent from this reading of the Notification that if the clearances during the preceding financial year exceed Rs. 300 lakhs, only then, the contents of Notification 1/93-C.E., are not applicable. This is not the case that the respondents had exceeded this eligibility limit in the previ....