TaxTMI 
TaxTMI 
2016 (9) TMI 1133
X X X X Extracts X X X X
X X X X Extracts X X X X
....3A Part-I, since at the material time, the appellants were not aware as to whether deemed credit on the said goods were admissible. Circular No. MF (DR) 332/30/87-TRU Dated 2/11/1987 permitted the manufacturers to avail deemed credit at specified rates on various inputs lying in their stock on or after March 31, 1986. Subsequently, the appellants made necessary entries in RG-23A Part-II in May, 1991 and June, 1991. Department alleged that the appellant had wrongly availed Modvat Credit on the exempted goods and disallowed the same and accordingly confirmed the demand alongwith interest and imposed equal penalty in terms of Rule 173Q (I) (bb) of the Central Excise Rules, 1944. 2. The Ld. Advocate Shri Ravi Raghavan appearing on behalf of th....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... Ltd. -1994 (69) ELT 783 (T) (ii) Baroda Ferro Alloy Vs. CCE -2000 (123) ELT 707 (iii) CCE Vs. R.H. Industries -2006 (194) ELT (275) (P&H) (iv) CCE Vs. Khalsa Charan Singh Sons-2010 (255) ELT 379 (P&H) There was no misrepresentation of facts or suppression on the part of the appellants. 3. Ld. A.R. reiterated the Order-in-Original . He has relied on the decision in M.R.F. Ltd. Vs. Collector of Central Excise, Madras- 1996 (88) ELT 222 (Tribunal). 4. Heard both sides and perused the appeal records. We find that under the impugned order, the appellants have been denied the Modvat Credit in respect of Aluminium shots used in the manufacture of steel products. They did not take credit of the same and necessary entries were made in RG 2....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... deemed to be aluminum and products thereof on which duty has already been paid. [Notification No. 182/84-C.E., dated 1.8.1984 as amended by Notification No. 79/86-C.E., dated 10.02.1986.] " Modification II: In the deemed credit order F. No. B. 22/5/86-TRU, dated 7-4-86, the items mentioned, include, among others, waste and scrap of copper falling under Heading No. 74.02, waste and scrap of aluminium falling under Heading No. 76.02, waste and scrap of lead falling under Heading No. 78.02, and waste and scrap of zinc falling under Heading No. 79.02, waste and scrap of copper, aluminium, lead and zinc are separately exempt subject to conditions, under various notifications. "2. In modification of the above said order dated....