2018 (6) TMI 1219

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....andita Narayan (Advocate) For Respondent: Mr. J. Nagori (A.R.) ORDER Per: Dr. Satish Chandra The present appeal is filed against order-in-original No. 17-18/2017-18 dated 16.02.2018. 2. The brief facts of the case are that the appellant is a private limited company and engaged in importing of waste and scrap of lead in powder form. The appellant claimed in the bill of entry that it ....

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....ere on the basis of the literature, it was mentioned that: "the lead plates after breaking the battery are removed, separated from the oxides both manually and mechanically and lead scrap thus obtained is melted in simple "Mandir Type" Rotary Furnace to obtain lead. The First melt in trade parlance is called as 'soft lead' which contains about 99% of lead." The worldwide list of the companie....

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....ral Board of Pollution Control as well as State Environmental Control Board has given license to the appellant as a secondary producer of Lead, and not a primary producer of Lead. It is the submission of the Ld. AR that in the test reports, it is certified that it is a scrap of Lead Acid Battery and form 9 was submitted for hazardous goods. 7. In his rejoinder, the Ld. Counsel for the appellant....