ORDER
Jyoti Balasundaram, Member (J)
1. In this case, the Revenue is aggrieved by the order of the lower Appellate Authority holding that benefit of deemed Modvat credit is available to SSI unit of small scale even after crossing the ceiling limit of clearances of Rs. 75 lakhs in terms of Notification No. 1/93, dated 28-2-1993.
2. The respondents have asked for a decision on merits and hence I have heard the learned DR and perused the records. It is found that the issue has been settled by the Tribunal in the case of Collector of Central Excise, Coimbatore v. Sri Venkateshwara Steel Industries reported in 1996 (86) E.L.T. 446. The Bench held that deemed credit under Ministry of Finance (Department of Revenue) Order No. TS/36/94-TRU, dated 1-3-1994 continues to be admissible to SSI units even after crossing the exemption slab of Rs. 75 lakhs when the unit starts paying duty at full rate. I further find that in a batch of cases, Collector of ‘- Central Excise, Chandigarh v. United Iron & Steel Rolling Mills and 6 Others, the Tribunal vide its Order Nos. A/55-61/98-NRB, dated 27-1-1998 1998 (99) E.L.T. 432 (Tribunal) has followed the decision in the case of Sri Venkateshwara Steel Industries and extended the benefit of deemed credit to units who had crossed the limit of Rs. 75 lakhs. Following the ratio of the above orders, the impugned order is upheld and the appeal is rejected.