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    <title>2005 (11) TMI 138 - CESTAT, MUMBAI</title>
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    <description>Excise duty on waste and scrap was stated to be unsustainable where the Department could not establish with cogent evidence that the scrap arose from capital goods or inputs on which credit had been taken. The cited Central Excise Rules and Section 11A were described as insufficient to confirm demand on a presumptive basis, because waste and scrap are not liable to duty unless shown to be excisable goods manufactured in the manner required by law. As the demand failed, the related allegation of suppression also fell, and the consequential interest and penalty could not survive.</description>
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