2005 (7) TMI 274

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....n respect of waste and scrap of the capital goods, on which the appellant had taken the Modvat credit, cleared by them during the period 1-4-97 to 31-7-01. In terms of the provisions of Rule 57S(2)(c), if an assessee clears capital goods on which he has taken the Modvat credit, he is required to pay duty equal to the duty leviable on transaction value. The appellants main contention is that such w....

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....he appellants contention. 2. The demand has also been assailed on the point of limitation. The  Commissioner (Appeals) has observed that the appellant have failed to substantiate the argument by any documentary evidence that the removal of capital goods on which modvat is availed, as waste and scrap without payment of duty, was in the knowledge of the department. As such by relying upon the ....