2000 (2) TMI 869

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Appellant. Shri Sanjeev Srivastava, JDR, for the Respondents. ORDER The duty demand is in two parts, the first one relates to inspection charges borne by the buyer of the appellants goods. This is with regard to inspection carried out by a third party (RITES) on account of the buyer. This works out to Rs. 28,777. Both sides submitted that it is a covered issue, that testing charges i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Appellants have also produced a certificate of Yash P. Sharma, Chartered Engineer, dated 12-5-1992, wherein it was stated that "Net burning loss (by weight) of the 55 SI Spring Steel Rod of dia 20.64 mm during hot working and subsequent processing (like heating, quenching, tempering, Annoding, etc.) works out to approximately 1.5 to 2%." This certificate was not accepted by the adjudicating autho....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ned with fire-clay brick); this leads to the formation of so called slag deposit. Part of the scale sticks to the surface of the steel. During the forging process, the oxidation of the steel continues, as the red hot steel is subjected to the action of the surrounding air. Heating thus leads to a certain issue of metal, or the formation of scale due to oxidation of the metal. This loss is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oss of about 2% being normal is correct. In the appellant's case total steel round involved in manufacture was over 2700 MTs. Since the loss of 49 MT is within the norm, we find the allegation of failure to account for the scrap or its removal without payment of duty, is not justified. Therefore, the demand of duty on this count also is liable to be set aside. We do so. As the demands of duty ....