1997 (7) TMI 308

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....Kumar, Advocate, for the Respondent. [Order per : P.C. Jain, Member (T)]. -  Briefly stated, the facts of the case are as follows : 1.1 The respondents herein are manufacturing steel rings, steel balls, steel retainers which are manufactured from duty paid steel tubes, steel wires and steel strips falling under 26AA. The earlier products manufactured by them are namely rings, ba....

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....el rings, steel balls and steel retainers falling under Tariff Item 68 and scrap involved -in this case was derived during the course of manufacture of these goods. It is also a fact that Notification 54/64 amended by Notification 164/78 exempts scrap produced during the course of manufacture of goods falling under Tariff Items 25 and 26. Therefore, the scrap involved in this case is not covered b....

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...., or steel ingots, or iron or steel products, which have already paid the appropriate amount of duty of excise leviable under Item No. 25, 26 or 26AA of the said Schedule or the additional duty leviable under section 3 of the Customs Tariff Act, 1975 (51 of 1975), as the case may be, from the payment of the whole of the excise duty leviable thereon, provided that no set off of the duty has already....

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....reading thereof, that the manufacture of iron and steel products undertaken by the person should also fall under Tariff Item 26AA as appears to have been contended by the Revenue when they point out that the manufacture of iron and steel products in the present case falls under Tariff Item 68. We are, therefore, of the view that the Notification as it is proposed to be read by the Board is not a c....