2002 (4) TMI 738

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Respondent. [Order (Oral)]. -  The Revenue is aggrieved by the findings recorded by the Commissioner (Appeals) in Para 6 of the impugned order which is reproduced herein below : "6. From the record I observe that the appellant had removed the tyres on which Modvat credit was taken as scraps and paid duty on the scrap value. The lower authority observed that these tyres were ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... order and relied only on the Manger-QC statement. Credit cannot be denied as per Rule 57D on the products which became waste and scrap in the course of manufacture of final products. Under these circumstances, I hold that the impugned order is not sustainable under law and therefore I set aside the same." 2. Shri C. Mani, learned DR has taken me to the grounds of appeal and contends that ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed by bill card listing of 1996-97 which was available before the investigating authority as well as the original authority which fully discloses the fact that the item had been issued to the production line and had been rejected as scrap, thereafter, and duty paid thereon and utilized for the purpose of Modvat credit. 4. On consideration of the submissions, I notice that after initial inv....