https://www.taxtmi.com/caselaws?id=54962 Duty was held payable under Rule 57S(2)(c) on waste and scrap arising from capital goods on which Modvat credit had been taken, with duty linked to the transaction value of the cleared goods. The challenge that the rule was ultra vires the charging provision was not entertained in the appellate forum, and the demand was sustained. For limitation, the longer period was upheld because the assessee could not show disclosure of the clearances in statutory records or by documentary evidence, so departmental knowledge was not established. The penalty was substantially reduced. en-us Tue, 12 Jul 2005 00:00:00 +0530 Sat, 23 Oct 2010 09:54:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=54962 Duty was held payable under Rule 57S(2)(c) on waste and scrap arising from capital goods on which Modvat credit had been taken, with duty linked to the transaction value of the cleared goods. The challenge that the rule was ultra vires the charging provision was not entertained in the appellate forum, and the demand was sustained. For limitation, the longer period was upheld because the assessee could not show disclosure of the clearances in statutory records or by documentary evidence, so departmental knowledge was not established. The penalty was substantially reduced. Case-Laws Central Excise Tue, 12 Jul 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=54962