P.K. Kapoor, Member (T)

1. These appeals arise out of the orders passed by the Collector of Central Excise (Appeals), New Delhi. Since identical issues are involved in these cases, both the appeals are disposed of by this common order.

2. The appellants are engaged in the manufacture of Cement Spun Pipes and Collars falling under sub-heading 68.07 of the Schedule to the Central Excise Tariff. The Appellants were availing deemed MOD VAT credit on re-rollable material obtained by them from the market in terms of Order No. 347/1/88-TRU, dated 1-6-1987 issued by the Ministry of Finance under Rule 57G(2). The re-rollable material after being subjected to rolling process was drawn into wire in the appellants factory for being used along with cement concrete mixture for the production of cement spun pipes. In the impugned order dated 30-4-1991 the Collector (Appeals) held that deemed credit on re-rollable materials received by the appellants was not admissible in terms of Rule 57D(2) since 'wire' drawn out of such material was in itself a final product and could not be deemed to have come into existence as an intermediate product during the course of the manufacture of cement spun pipe