https://www.taxtmi.com/caselaws?id=120104 Used iron and steel rolls cleared by an assessee may be assessable either as used capital goods or as waste and scrap, depending on the factual basis for removal and the treatment of the goods in the records. The Tribunal noted that the demand could not be sustained on a presumption alone where the show cause notices and order did not positively establish that Modvat credit had been taken on the rolls. At the same time, the factual position as to the period of use, condemnation, and manner of clearance required verification. The matter was therefore remanded for fresh decision after examination of the relevant facts. en-us Mon, 03 Jul 2006 00:00:00 +0530 Mon, 16 Jul 2012 18:17:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=120104 Used iron and steel rolls cleared by an assessee may be assessable either as used capital goods or as waste and scrap, depending on the factual basis for removal and the treatment of the goods in the records. The Tribunal noted that the demand could not be sustained on a presumption alone where the show cause notices and order did not positively establish that Modvat credit had been taken on the rolls. At the same time, the factual position as to the period of use, condemnation, and manner of clearance required verification. The matter was therefore remanded for fresh decision after examination of the relevant facts. Case-Laws Central Excise Mon, 03 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=120104