2004 (3) TMI 595

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....ocate, for the Respondent. [Order]. - The revenue's instant appeal is directed against the impugned order-in-appeal passed by the Commissioner (Appeals). The Commissioner (A) accepted the respondent's appeal claiming refund of duty paid on the defective goods, which were brought back to the factory and cleared again on payment of duty. Though the receipt of the said goods was declared by the....

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....at rule. (iii) In terms of Section 11B the claim is time barred. (iv) No evidence is produced to show that the incidence of duty has not been passed on. The evidence produced is not sufficient to establish that they have not recovered duty from their customers. (v) The customers returned the goods only after debiting 95% of the duty on the returned quantity. Hence receipt o....

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....% duty was taken by the respondents, at the point of return of the rejected material. It is the objection of the Department, that the reprocessing carried out was not a process of manufacture. Even the manufacturers (Respondents) did not claim so. Going by the Department's own contention, since the reprocessing did not amount to manufacture, the said goods need not have paid duty at the point of s....