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TMI Blog2002 (5) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee is against the order of the Commissioner denying Modvat credit of Rs. 2,05,883/- on Aluminium HRP coils rejected as detective and returned by their customers during July-August, 1996 and imposing on them a penalty of Rs. 25,000/- under Rule 173Q. 2. Heard both sides. Ld. Counsel Shri A.C. Jain for the appellants submits that the issue involved in this case stands settled by this Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th sides. The appellants cleared on payment of duty Aluminium HRP coils to their customers, but the latter found the goods defective and rejected and returned the same to the appellants after reversing the Modvat credit taken thereon. The appellants remelted and reprocessed the returned/defective coils and the fresh final products, which emerged in the process were cleared on payment of duty to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fective wire rods returned by the appellants customer were input in the hands of the appellants for purposes of Rule 57A. Following the decision rendered by this Bench in the cited case, I have to hold, in the instant case, that the defective HRP coils which were returned by the appellants customer after reversal of Modvat credit and were remelted and re-processed into fresh final product by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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