9911796707
TMI Blog2000 (6) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... dit for CVD paid on sheets contained in scrap and excluding the value of tool kits and jack assembly from the value of the vehicles along with which these were cleared, is legal and proper. (ii) whether by an order passed under Section 35C, the CEGAT should modify or set aside the aforesaid order and pass an order disallowing the Modvat on items like jack assembly and antenna assembly or credit for CV duty paid on sheets contained in scrap for order adding the value of tool kits and jack assembly in the value of the vehicles as proposed in the show cause notice, confirming demands as made in the SCN imposing suitable penalty, or pass such other order as it may deem fit. 2. As regards allowing of Modvat credit on items like clock ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Japan and Korea and these sheets were cut into panels. The remaining portions, namely, off-cuts were cleared by the respondents thereafter as waste and scrap or refuse. The Commissioner had also observed that the respondents had cleared such panels and left over cuts after filing separate ex-bond Bills of Entry and paid the duty on sheets contained in the panels as per Notification No. 522/86. On the question whether the exemption mentioned in the said Notification was extendable to waste and scrap which arose during the course of manufacture of the goods in India under bond, the respondentrs had maintained that they had sold the aforesaid waste and scrap to dealers and customers. Respondents had submitted that the said clearances which wer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the authorities below had failed to appreciate the scope of Rule 57G(2) and other relevant rules inasmuch as in the normal circumstances imported sheets could be taken as inputs and the credit of CVD paid thereon taken for Modvat purposes only before they are received in the factory for further manufacture of the final products.. Since in the facts of the case, the assessee had not discharged duty liability on the sheets contained in the scrap as well as on the body panels before the, sheets were received or before the manufacturing of body paneIs was undertaken no duty liability had been discharged when the imported sheets were received in the factory under the cover of the into Bond Bill of Entry and when the manufacturing of body panels ..... X X X X Extracts X X X X X X X X Extracts X X X X
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