2005 (2) TMI 688

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....or the Appellant. Shri Bidhan Chandra, J.D.R., for the Respondent. [Order per : T. Anjaneyulu, Member (J)]. - The appellants, M/s. Minex Metallurgical Co. Ltd., are engaged in the manufacture of excisable goods falling under Chapter 72 of the Central Excise Tariff Act, 1985 and availing Modvat credit in respect of the inputs under Rule 57A of the erstwhile Central Excise Rules, 1944. Duri....

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....ived as waste and scrap from units working under Rule 96ZP(3). 3. Show Cause Notice dated 31-12-1999 was issued to the appellants as to why the deemed credit of Rs. 6,64,736.16 availed during the period 10/87 to 8/98 should not be recovered and why the mandatory penalty under Rule 57-I(4) of the erstwhile Central Excise Rules, 1944 should not be imposed? 4. The Jt. Commissioner (Ad....

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....No. 58/97 on the following grounds :- (i)       Used the material for melting purpose only; (ii)      Value is akin to value of scrap. 8. We do not find the reasons why the benefit of Notification 58/97-C.E., dated 30-8-1997 is denied and the reasons as arrived at in this case. If the proper Officer Incharge of the assessee had r....