9911796707
TMI Blog1996 (7) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... d filed claim for Modvat credit on various inputs declared by them vide their declaration, dated 11/16-12-1992. During the scrutiny of their RT 12 returns for the month of October, 1993, the officers observed that credit had been taken on certain inputs described in the covering challan as DEF. Any mill roll spoil or DEF roll spoils any mill metal. Holding that this description did not occur in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be taken away. He stated that scrap in its various forms had been declared in the declaration and the description in the invoice would denote only scrap. In this argument he relied upon the judgment of the Tribunal in the case of Plaza Steel Ltd. - 1993 (68) E.L.T. 213. Arguing on the findings of the original authority that the description on the invoice was mill roll and the word Def were a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order unsustainable. In substantiating his arguments he relied upon the judgment of the Supreme Court in the case of H.M.M. Ltd. - 1995 (76) E.L.T. 497. 3. Shri Y.R. Kilaniya, ld. JDR arguing for the department stressed the fact that the goods in question did not figure in the declaration filed by the assessee, and that the invoices were altered and on these grounds imposition of penalty was fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l products, ingots and bars which are defective and therefore not usable as such. On perusal of the declaration it becomes very clear that the belief of the department that the impugned goods were not covered under the declaration filed by the assessee is without basis. 6. The fact that these goods were scrap is not in dispute. It has been very clearly certified to be so by M/s TISCO in their le ..... X X X X Extracts X X X X X X X X Extracts X X X X
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