SHRI GAJANAN ROLLING MILLS Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal filed under section 35G of the Central Excise Act, 1944, is directed against the order dated 24 th October 2003 passed by the Customs, Excise and Service Tax Appellate Tribunal (Western Region Bench) at Mumbai, holding that the benefit of deemed credit facility was not admissible to the appellant and setting aside the impugned order of the Commissioner (Appeals), allowing the appeal of the Revenue, following the Larger Bench Decision of the Tribunal in case of Digambar Foundary Vs. Commissioner of Central Excise, Allahabad, {2000(118) E.L.T. 85 (TribunalLB)}.

(2.) Some of the relevant facts for deciding this appeal are as under:

(3.) On 2nd March 1995 and 25th May 1995 the Superintendent, Central Excise, Nanded, issued show cause notices to the appellant. The appellant filed reply to the said show cause notices and denied the said payment on various grounds. On 19th July 1996, the learned Additional Commissioner, Central Excise, Aurangabad, passed an order confirming the order passed by the learned Commissioner of Central Excise and Customs, demanding Rs. 6,09,761/ and also imposing penalty of Rs. 50,000/ upon the appellant.