1998 (2) TMI 313

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....di, Advocate, for the Respondent. [Order per : G.R. Sharma, Member (T)]. -  In the reference application, revenue has contested that the following points of law arise out of Tribunal's Final Order No. 910/97-NB, dated 26-8-97 - 1997 (96) E.L.T. 360 (T). (i) Whether the credit taken on scrap used in manufacture of steel billets/ingots which were used captively, without payment of....

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....inter-mediate and final product. He submits that the contention of the assessee that in the declaration available in the paper book at page 35 under sub-heading 7207.90, 7206.90 and 7204.90 shows scrap and ingots also. He submits that this is only a tariff description and sub-heading of the item and not description of the product used as input. Ld. DR submits that it is all the more necessary that....

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....scrap and ingots in addition to billets. Steel billets have been indicated as inputs and in addition to them, steel ingots and scrap was also declared as input for steel, flats of iron rounds, angles and channels. Ld. Consultant submits that billets, ingots and scrap have been described as inputs for the manufacture of flats, round, angles and channels. He submits that the contention of the depart....

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.... scrap was not an input for the final product. In the instant case, we find that it is a composite mill, it has got a furnace for manufacture of ingots and billets and it has got a rolling mill for converting ingots and billets into flats, rounds, angles and channels. The Tribunal went into details to find out as to what should be consideered as an input in relation to a final product. Quoting fro....