9911796707
TMI Blog1998 (5) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... . Briefly stated the facts of the case are as follows. The appellants herein are a purchase duty paid ship breaking scrap falling under Heading 72.15 on waste and scrap of iron and steel falling under Tariff Heading 72.03. They had been bringing duty paid scrap arisen from the breaking of ships or otherwise even under the old tariff as it existed before 1-3-1986. A question has arisen in thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this case, the M/s. Zakaria Steel Rolling Mills have also not filed any declaration or classification list or price list. Therefore, it is clear case of suppression of facts with an intent to evade payment of Central Excise Duty 2. From the above, it appears that the adjudicating authority has denied the benefit of the said notification only on the basis of discussion of sub-headings 72.15 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is not mentioned in the inputs column of the table to the said notification, the appellants should be entitled to the benefit of Modvat credit of duty paid on such waste and scrap inasmuch as it is not denied that this is duty paid and sub-heading of Chapter 72 is covered under Notification No. 177/86-C.E. 5. On the question of limitation, ld. advocate submits that the appellants were under t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e inputs column of Notification 208/83, the benefit of said notification cannot be denied to the appellants as held by the Tribunal in the aforesaid two judgments relied upon by the ld. Advocate so long as the description of the goods mentioned in the inputs column of the said notification tallied with the inputs actually obtained by the appellants. It is true that as rightly pointed out by the ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeal partly as aforesaid and part of the matter is remanded to the adjudicating authority. In view of the facts and circumstances of the case as mentioned above, there is no warrant for imposing any penalty or for confiscating the seized goods. Accordingly we set aside the confiscation as well as a penalty. Accordingly the redemption fine is also set aside. - - TaxTMI - TMITax - Central Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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