2000 (8) TMI 839

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....e, for the Appellant. Shri V.K. Chaturvedi, SDR, for the Respondent. [Order per : Archana Wadhwa, Member (J)]. -  All the appeals filed by M/s. Steel Authority of India as also by the Revenue are being disposed of by a single Order as they arise out of the same impugned Order of the Commissioner. 2. The facility of Modvat credit on capital goods was introduced for the first t....

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....44. As such, the capital goods installed in their factory after 1-3-1994, could not be reduced into scrap within a period of less than 2 years. In some cases, the scrap pertains to 1994 itself i.e. within three months from the date of credit. As the capital goods cannot be reduced to scrap within such a short period, the impugned Order holding scrap as having arisen from the capital goods, is unac....

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.... capital goods on which Modvat credit was taken in the month of March, 1994 cannot be reduced to scrap in October, 1994 or thereafter, within a period of two years, as has been held by the adjudicating authority. The Commissioner should have applied his mind on the above facts and should have verified the nature of waste and scrap arising in the appellant/assessee's factory. As this has not been d....