2018 (7) TMI 1778

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....ical) Request for adjournment for Appellant Shri Pawan Kumar Singh (Supdt.) AR for Respondent ORDER Per: Archana Wadhwa After rejecting the request of adjournment, we proceed to decide the appeal as the issue lies in a narrow compos. The appellants are engaged in the manufacture of sugar and were availing the benefit of Cenvat Credit of duty paid on various capital goods. 2. Duri....

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....alty of identical amount. The order of the Original Adjudicating Authority was upheld by Commissioner (Appeals). Hence the present appeal. 3. It is seen that the appellant took a categorical stand before the authorities below that the scrap in question is in the nature of second hand worn out collection items and not the clearance of the cenvatable capital goods as such, so as to require any re....

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....nce. The Hon'ble Supreme Court in the case of Grasim Industries Limited vs. Union of India reported at 2011 (273) ELT 10 (SC) has observed that such type of scrap and waste arising from repair and maintenance of capital goods are not dutiable. It is not the Revenue's case that the entire plant and machinery stands cleared/sold by the assessee. In such a scenario we find no merits in the Revenue's ....