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High Court Remands Mis-Rolls Classification Case to Tribunal for Further Review on Processing Capability Claims.

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Full Text of the Document

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....Classification of goods - Mis-rolls - The Tribunal in the impugned orders has left open the classification issue. If such be the circumstances, the learned Tribunal ought to have made an endeavour to consider the facts of the case, specially when the allegation in the show cause notice issued by the adjudicating authority was that the assessee does not process furnace for melting such waste and scrap and it is practically impossible for the assessee to manufacture MS Flat/Bar, MS Angle, MS Channel, MS Round etc. from the said items which are various types of scraps. - Allowing the revenue appeal, matter restored back to tribunal - HC....