2004 (12) TMI 126

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....um, Rhodium and products thereof falling under Chapter 71, 84, 38 and 28 of Central Excise Tariff Act, 1985. The goods falling under Chapter 84, 38 & 28 of CETA were cleared on payment of duty and those falling under Chapter 71 were cleared without payment of duty. The Officers of Directorate General of Central Excise Intelligence (DGCEI) on intelligence that the applicants were manufacturing certain dutiable compounds of precious metals at an intermediate stage during the course of refining precious metals but were not discharging duty thereon carried out investigations. Based on these investigations show cause notice was issued asking the applicants to show cause as to why the compounds of precious metals namely yellow salt of platinum, y....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....simply melted to get the precious metals falling under Chapters 71, 84 and 85. According to the applicants, therefore, there is no emergence of compounds of precious metal at the intermediate stage. They also contend that no marketable goods emerge in the process. They further contend that the demand is time barred, quantum of duty demanded is incorrect and no penalty is imposable. The applicants contend that they have a strong prima facie case in their favour hence insistence on pre-deposit of duty and penalties would cause them undue hardship. No financial hardship is claimed. 6. The Ld. Jt. CDR, Shri M.K. Gupta argued that the appellants themselves have admitted that the scrap/Spent catalyst is refined to obtain precious metal of high....