ORDER
P.S. Bajaj, Member (J)
1. In this appeal, the issue relates to the denial of Deemed Modvat credit to the appellants in terms of Notification No. 58/97-C.E., dated 30-8-1997.
2. We have heard both the sides.
2. The appellants had purchased duty-paid inputs from M/s. Prince Agro & Allied Industries and M/s. Sahara Steel Rolling Mills.
3. We find that the invoices issued by M/s. Prince Agro & Allied Industries contained the declarations, goods cleared under Rule 96ZP. This declaration, in our view, is sufficient to satisfy the requirements of the above said Notification, in view of the Tribunal’s judgment in case of Shree Ambica Steel Industries vide Final Order dated 21-9-2004. Therefore, the impugned order of the Commissioner (Appeals) denying Modvat credit on the inputs received from the above said manufacturer, cannot be sustained.
4. The Deemed Credit on the inputs received by the appellants from M/s. Sahara Steel Rolling Mills has been denied on the ground that interest had not been paid by the manufacturer on the delayed payment of duty, but this ground is not sustained in view of the Tribunal’s judgment in Jagan Tubes Ltd. v. CCE, Chandigarh [2001 (135) E.L.T. 1152 (Tri.) = 2001 (47) RLT 43 (CEGAT-Delhi)] wherein it has been observed that interest not being part of the duty, deemed credit could not be denied to the assessee on the duty paid inputs received from a manufacturer. Therefore, the impugned order, in this regard, also deserves to be set aside.
5. Consequently, the appeal of the appellants is accepted. The impugned order is set aside in toto. The appeal of the appellants stands allowed with consequential relief, as per law.