https://www.taxtmi.com/caselaws?id=119014 Excise duty on capital goods cleared as waste and scrap must be assessed only under the tariff applicable to waste and scrap, not under headings meant for new capital goods; a demand founded on incorrect classification was therefore unsustainable. Where disposal of scrap was open, reflected in accounts, and there was no suppression of facts or material showing intent to evade duty, the extended limitation period and penalty could not be invoked. The duty demand and penalty were set aside with consequential relief. en-us Thu, 19 Jan 2006 00:00:00 +0530 Sat, 07 Jul 2012 14:24:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=119014 Excise duty on capital goods cleared as waste and scrap must be assessed only under the tariff applicable to waste and scrap, not under headings meant for new capital goods; a demand founded on incorrect classification was therefore unsustainable. Where disposal of scrap was open, reflected in accounts, and there was no suppression of facts or material showing intent to evade duty, the extended limitation period and penalty could not be invoked. The duty demand and penalty were set aside with consequential relief. Case-Laws Central Excise Thu, 19 Jan 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=119014