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1999 (2) TMI 116

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..... facility of deemed credit on certain inputs was made available. The assessees in this case, took such deemed credit on brass scrap. After issuing the Show Cause Notice the Asstt. Collector examined the issue whether the concerned entry covered brass scrap or not. The findings were in the negative resulting in denying of the deemed credit and also in imposing of penalty on the assessees. The asses .....

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..... he respondent although due notice was issued. 4.I have carefully considered the submissions made and have seen the documents referred to. 5.The body of the cited order dated 7-7-1992 does not speak of the coverage thereof to virgin metal alone. The table annexed thereto has a number of entries, the contested entry reads as 06.03 copper waste and scrap . It is the revenue s argument that this .....

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..... rent and it was not possible to permit the higher credit given to refined copper where the input was copper alloys. But coming to sub-heading 7404 I find that the wording in the tariff equates with the wording in the impugned order. Since the description does not permit differentiation to be made between the copper and copper alloys, the Collector correctly upheld the description as covering both .....

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