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    <title>2017 (1) TMI 1355 - CESTAT CHENNAI</title>
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    <description>Waste and scrap were treated as non-excisable goods, so central excise duty could not be sustained on their clearances where the record showed only scrap and waste had been removed. Capital goods cleared as waste were also not liable to duty for the period before 16.5.2005, because Notification No. 27/2005-CE dated 16.5.2005 was the operative provision introducing that levy. On that basis, the duty demand was held unsustainable and the appeal was allowed.</description>
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      <description>Waste and scrap were treated as non-excisable goods, so central excise duty could not be sustained on their clearances where the record showed only scrap and waste had been removed. Capital goods cleared as waste were also not liable to duty for the period before 16.5.2005, because Notification No. 27/2005-CE dated 16.5.2005 was the operative provision introducing that levy. On that basis, the duty demand was held unsustainable and the appeal was allowed.</description>
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