IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH GCR No.26 of 2000 DATE OF DECISION: March 23, 2010 COMMISSIONER CENTRAL EXCICE, CHD. ...PETITIONER VERSUS M/S VISHAL RE-ROLLING MILLS ...RESPONDENT CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR. PRESENT: MR. GURPREET SINGH, ADVOCATE FOR THE PETITIONER. NONE FOR THE RESPONDENT. ASHUTOSH MOHUNTA, J.(ORAL) The Customs, Excise and Gold (Control) Appellate Tribunal, New Delhi (for short 'the Tribunal') has referred the following question of law for adjudication by this Court:- “Whether the Hon'ble CEGAT is correct in extending the deemed credit benefit under Ministry's Order No.TS/36/94- TRU dated 1.3.94 to a Unit availing of exemption in terms of Notification No.1/93-CE dated 28.2.93 even after it crosses the exemption limit of Rs.75 lacs and started paying duty at the normal rate?” The aforementioned question squarely stands answered in favour of the assessee and against the Revenue in Sood Steel Industrial (P) Ltd. vs. Commissioner of Central Excise, reported 2000 (241) ELT 186 (H.P.). In view of the above, this reference is answered in the same terms as in Sood Steel's case (supra). (ASHUTOSH MOHUNTA) JUDGE March 23, 2010 (MEHINDER SINGH SULLAR) Gulati JUDGE