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    <title>2007 (3) TMI 198 - HIGH COURT RAJASTHAN</title>
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    <description>Duty and penalty on waste and scrap cleared from capital goods were not exigible where the Commissioner (Appeals) and the Tribunal concurrently found, on the facts, that the scrap was not shown to arise from the very goods on which Modvat credit had been taken. The High Court held that this finding was neither perverse nor unsupported by material, so no substantial question of law arose for interference. On that basis, the Revenue&#039;s challenge failed and the assessee succeeded.</description>
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      <description>Duty and penalty on waste and scrap cleared from capital goods were not exigible where the Commissioner (Appeals) and the Tribunal concurrently found, on the facts, that the scrap was not shown to arise from the very goods on which Modvat credit had been taken. The High Court held that this finding was neither perverse nor unsupported by material, so no substantial question of law arose for interference. On that basis, the Revenue&#039;s challenge failed and the assessee succeeded.</description>
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      <pubDate>Mon, 26 Mar 2007 00:00:00 +0530</pubDate>
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