2016 (6) TMI 915

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....ed on 17.6.2005 recording  difference of opinion and with a direction to the Registry to place it  before the Hon'ble President for reference to a third Member.  Before the third Member on 14.10.2005, the ld. Advocate for the appellant sought time to apply for clarification on certain issues, accordingly, the matter was adjourned.  Subsequently, the present application was filed on 24.11.2005 seeking rectification of mistake apparent on the face of record in the Order dt.17.06.2005.  Consequently, the ROM application was listed before the Bench and heard  on 10.03.2006 and this Tribunal by its order dated 24.3.2006, observed that the difference of opinion regarding the levy of duty on Gold bar was to be res....

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....licant would not be required to pay duty as they would be eligible to the benefit of captive consumption Notification No. 67/95-CE dated16.3.1995 on the intermediate product for the period after 01.6.2001 as the appellant had discharged 8% of price of Gold Bar, under Rule 57AD of erstwhile Central Excise Rules,1944 on the ground that common inputs were used in the manufacture of both dutiable and exempted final products, and for the period prior to that the situation would be revenue neutral as whatever duty paid on the intermediate product would be eligible to them as credit.  It is his contention this Tribunal,  has not recorded any finding on the said argument, resulting into an error apparent on the face of the order.  Ho....

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....ifficult to accept the aforesaid contention having regard to the description of goods that is exempted by the aforesaid Notification and narrated by us above. The fallacy in the aforesaid argument is to proceed on the basis as if the "primary gold" is converted from anode slime. We don't have to go back and see the original material from which final product came into existence. What is relevant and important is that silver was recovered from anode slime and thereafter gold mud was recovered from silver. Insofar as the product in question viz. gold bars are concerned, these are produced from the gold mud. Thus, gold is converted in the form of bars from gold mud with the aid of power. It is undisputed that gold mud is a form of gold. ....