2001 (5) TMI 269

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....r the Respondent. [Order]. - Being aggrieved with the order passed by the Commissioner (Appeals), the Revenue has filed the present appeal. 2. Briefly stated the facts of the case are as under :- 2.1  The respondents are engaged in the manufacture of ingot moulds. For the said purpose they obtained waste and scrap of cast iron and availed the Modvat credit of duty paid thereo....

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....g of inputs has been rightly cleared by the respondents in terms of provision of Rule 57F(18) on payment of duty. 3. The Revenue in their appeal memo has submitted that it was waste and scrap on which the credit was taken by the respnodents and it was again waste and scrap which was cleared on payment of duty. The quantum of duty paid by the respondents is less than the quantum of Modvat c....

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.... emerges in course of such breaking which could not be used by them and the same were sold at lower price on payment of duty. Rule 57F(18) requires any waste arising from the processing of inputs in respect of which credit has been taken to be removed on payment of duty as if such waste is manufactured in the factory. Revenue in their memo of appeal has nowhere contended that the waste and scrap c....

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....ppeal and the same is rejected. 5. It is also seen that originally show cause notice apart from raising demand of duty on the above count also proposed to recover an amount of Rs. 39,960/- on the alleged ground that the inputs have been used in the manufacture of moulding boxes which in turn have been used by the respondents for captive consumption. The said demand was dropped by the origi....