1 cexa106-04 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CENTRAL EXCISE APPEAL NO.106 OF 2004 The Commissioner of Central Excise, ] Thane-I, having office at Navprabhat ] chambers, Ranade Road, Dadar (W), ] Mumbai - 400 028. ]..Appellant.. V/s. M/s. Universal Steel Industries, ] D/217, Steel Chambers towers, Kalamboli, ] Navi Mumbai - 421 218, Factory-197, ] Kolshet Road, Thane-400 607. ]..Respondent. Mr. A.S. Rao for appellant. None for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ. DATED : 13TH JANUARY, 2011 ORAL JUDGMENT [PER J.P. DEVADHAR, J.] 1. This appeal was admitted on 29/09/2005 on the following question of law:- 2 cexa106-04 " Whether the Tribunal is right in extending the deemed credit benefit to a unit availing the Notification No.1/93-CE dated 28/2/1993 even after crossing the clearance value of Rs.75 lakhs on their goods when in these circumstances the respondent is liable to pay full rate of duty ? " 2. In the present case, the Tribunal relying upon the decision in the case of Commissioner of Central Excise V/s. Sri Venkateshwara Steel Inds. reported in 1996 (86) ELI 446 held that the assessee is entitled to avail deemed credit even after they have crossed Rs.75 lakhs clearances limit. The decision of the Tribunal in the case of Sri Venkateshwara Steel Inds. (supra) has been overruled by a larger Bench of the Tribunal in the case of Digambar Foundary V/s. Commissioner of Central Excise, Allahabad reported in 2000(118) E.L.T. 85 (Tribunal-LB). In this view of the matter, the order of the Tribunal dated 28/04/2004 is quashed and set aside and the matter is restored back to the file of CESTAT to decide the question afresh in the light of the decision in Digambar Foundary (supra). The appeal is disposed off in the above terms with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)