2009 (3) TMI 95

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....that it is not necessary for this Bench to further hear the matter since in an identical matter, CEXA No.39 of 2008 (Commissioner of Central Excise, Kolkata-II Vs. M/s. Burn Standard Co. Ltd.) this Bench by its order dated 10^th November, 2008 has already set aside the order passed by the learned Tribunal and remanded the matter before the Tribunal for fresh adjudication.We, therefore, pass the fo....

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....on of the wagons are sold to others on payment of duty. On the waste and scrap generated in between, which are entirely used within the factory for recycling, the appellants have claimed exemption under Notification No.89/95-CE dated 18.5.1995. However, it is the contention of the Revenue that this notification is not applicable to the appellants in the present case, in view of the fact that th....