2002 (10) TMI 436

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....ant. Shri Mewa Singh, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - Full waiver of pre-deposit and stay of recovery are sought in respect of an amount of duty of Rs. 52,72,520/- and equal amount of penalty covered by the order of the Commissioner impugned in the appeal. 2. We have examined the records and heard both sides. 3. The entire amount of duty c....

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....ap under Rule 173B. 4. Ld. Counsel for the applicants submits that a major part of the duty as confirmed by the Commissioner is time-barred as it relates to a period beyond the normal period of one year prescribed under Section 11A. Ld. Counsel further points out that, in the show-cause notice, it was alleged, for the purpose of invoking the extended period of limitation, that the party ha....

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....ste and scrap arising from the manufacture or mechanical working of iron or steel. It is not the metal scrap arising from dismantling of buildings, repair of machinery etc. " Ld. Counsel has drawn support from the above finding to argue that the waste and scrap of iron and steel in the instant case, which had arisen, admittedly, out of dismantling of machinery, were not chargeable to duty of ex....