2010 (4) TMI 372

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....ri Sudeep Singh, Advocate, for the Respondent. [Order per : Mehinder Singh Sullar, J.]. - The barely needed facts, relevant for disposal of present reference-petition at the instance of the revenue, are that the respondent-assessee M/s. Metro Tyres (for brevity "the assessee") was engaged in the manufacture of Moped and Cycle chains. The Moped chains were exported under bond without payment of ....

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....credit accumulated in RG 23A. 3. The revenue claimed that the duty ought to have been paid through PLA as the final product i.e. Cycle chain was exempted from duty and as such, no credit was available, in respect of manufacture of the same. Accordingly, a demand was raised in this regard, for the relevant period, to which the assessee tried to explain that it has rightly and legally claimed the....

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....rds the payment of duty on the waste arising out of the processing of inputs on which no credit was allowed/admissible as per Rule 57-C of Central Excise Rules, 1944 because of their use in the manufacture of exempted final product?" 6. We have heard the learned counsel for the parties and have gone through the record with their valuable help. 7. It is not a matter of dispute that utilizatio....