2017 (4) TMI 92

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....i M.R. Sharma, Authorised Representative, for the Appellant. Shri Rahul Tangri, Advocate, for the Respondent. ORDER Revenue is in appeal against the Commissioner (Appeal's) order whereunder demand of duty has been dropped against the respondents viz. M/s. Jaiswal Neco Industries Ltd. The matter pertains to demand of duty of Central Excise in cash as the goods viz. pig iron moulds were cle....

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.... PLA/in cash is not sustainable in the eyes of law of Central Excise. In this regard, Rule 3(5A) of then Cenvat Credit Rules, which was inserted by Notification No. 27/2005-C.E. (N.T.), dated 16-5-2005, is reproduced below : (5A) If the capital goods are cleared as waste and scrap, the manufacturer shall pay an amount equal to the duty leviable on transaction value." Thus above Rule doe....

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....entioned that the "Noticee has not provided the particulars of such removal of used pig iron moulds in their ER-1s filed under Rule 12 of Central Excise Rules, 2002, therefore, the extended period under Section 11A of Central Excise Act is invocable..........". However, the adjudicating authority himself arrived at findings in para 7.2 of the impugned order stating as "I also find from the ER-1s p....