1994 (4) TMI 178

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....gh, JDR, for the Respondent. [Order]. -  An application has been made for restoring the appeal which was earlier dismissed for non-prosecution. It was pleaded that there was misplacement of the hearing notice, on account of which they could not attend the hearing. 2. Shri Mukesh Shah regretted the same and pleaded for taking back the appeal for disposal. 3. After hearing both....

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....enerated scrap on the ground that they have to be cleared on payment of duty under Rule 57F(4) and could not be removed under Rule 57F(2). It was also alleged that though an application for removal of scrap was made to the Proper Officer, they have started moving the scrap on their own under delivery challans, without waiting for the permission. In view of these objections, adjudication proceeding....

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....ths. In the circumstances it cannot be expected of them to wait for the permission indefinitely since the entire manufacturing operation is dependent on obtaining the castings and the rods from the job workers. Be that as it may, the demand is only in respect of generated scrap and not in respect of bought out scrap. Hence the allegation that they did not wait for the permission under Rule 57F(2) ....