1998 (12) TMI 235

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....LTY    M/s. Luxmi Rolling Mills Rs. 69,06,873.56 70 lakhs    Shri Vishwakarma Steels &     Allied Industries Rs. 44,50,814.00 45 lakhs    M/s. Ankur Steels Rs. 54,37,808.44 55 lakhs    3. As the issue involved in the three applications is the same these are being disposed of by this common order. 4. Shri Gopal Prasad, ld. Counsel, submitted that the three applicants were purchasing used rail sleepers, rails, wheels etc. either from auction directly from the Railways or from the Traders who have purchased these materials from Railways. As these materials are re-rollable covered by Sl. No. 2A of Notification No. 202/88, the be....

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....oned that it has not been disputed or controverted that there was sale and purchase of waste and scrap by the Railways. Regarding the applicability of the explanation the ld. DR submitted that the explanation speaks about "All stocks of inputs in the country"; that this expression means, the stock which was lying at the time of promulgation of the notification and not anything which was not in existence at that time. Finally he submitted that the benefit of Notification No. 202/88 is available only if the inputs specified in the notification are used for manufacturing of finished products; that waste and scrap found place nowhere in the description of the inputs given in the table annexed to the notification. Ld. DR also drew the analogy fr....