2002 (11) TMI 415

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....P. Agrawal, Chartered Accountant, for the Respondent. [Order per : V.K. Agrawal, Member, (T)]. -  In this Appeal, filed by Revenue, issue involved is whether the benefit of exemption under Notification No. 8/97-C.E., dated 1-3-97 is available in respect of Churi Korma. 2. Shri Atul Dixit, learned SDR, submitted that M/s. Neelkanth Polymers, a hundred per cent Export Oriented Und....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....roviso to Notification. The learned SDR, further, submitted that Churi Korma, being a by-product is also a final product as the Respondents sell the same without any further processing; that as Churi Korma, falling under Heading 23.02 of the Schedule to the Central Excise Tariff Act, attracts Nil rate of duty, the proviso to Notification 8/97 is attracted which reads as under : "Provided that n....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....vide letter dated 28-10-97 has recognized Churi Korma as a waste. 4. We have considered the submissions of both the sides. Notification No. 8/97-C.E. exempts the finished products, rejects and waste or scrap produced in a 100% EOU wholly from the raw materials produced or manufactured in India and allowed to be sold in India under and in accordance with the provisions of specified Paras of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ma in the market. We agree with the Respondents that the impugned material is only a waste product and not a finished product. The mere fact that it is sold as such in the market without any further processing would not make the impugned product a finished product. It is well known fact that generally the waste products are sold as such only without any further processing. Further as held by the A....