1998 (3) TMI 314

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....ees that they had filed a supplementary declaration on 29-9-1994 showing waste and scrap as final products along with cycle chains and moped chains and also to examine the admissibility of Modvat credit on inputs to the extent of duty leviable on scrap generated during the processing of inputs for the manufacture of cycle chains from 29-9-1994 onwards. 2. Briefly stated the facts of the case are that the assessees are engaged in the manufacture of moped chains and cycle chains both falling under Heading 7315 of the Schedule to the CETA, 1985. The assessee was taking credit of duty paid on the inputs used in the manufacture of moped chains exported under bond and the credit so taken got accumulated in the RG 23A Part II. Since cycle ....

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....al No. 59 and 60/96, he remanded the matter, as seen from the opening paragraph of this order. The Revenue is aggrieved by the order of demand in respect of Order-in-Original No. 59 and 60/96. 3. I have heard Shri A.M. Tilak, learned DR and Shri Harbans Singh, learned Advocates. 4. It is brought to my notice by the learned Counsel for the respondents that the assessees had filed Appeal No. E/981/97-NB against the Commissioner (Appeals) Order-in-Appeal No. 1234/96 arising from Order-in-Original No. 58/96 and vide Final Order No. A/986/97-NB, dated 23-10-1997, the Tribunal has taken the view that duty could be paid from the accumulated Modvat credit. The reasoning of the Tribunal is contained in paragraph 10 of the order which....