9911796707
TMI Blog2002 (11) TMI 415X X X X Extracts X X X X X X X X Extracts X X X X ..... countant, for the Respondent. [Order per : V.K. Agrawal, Member, (T)]. In this Appeal, filed by Revenue, issue involved is whether the benefit of exemption under Notification No. 8/97-C.E., dated 1-3-97 is available in respect of Churi Korma. 2. Shri Atul Dixit, learned SDR, submitted that M/s. Neelkanth Polymers, a hundred per cent Export Oriented Undertaking, manufacture Guar Gum Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d SDR, further, submitted that Churi Korma, being a by-product is also a final product as the Respondents sell the same without any further processing; that as Churi Korma, falling under Heading 23.02 of the Schedule to the Central Excise Tariff Act, attracts Nil rate of duty, the proviso to Notification 8/97 is attracted which reads as under : Provided that nothing contained in this Notificati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Churi Korma as a waste. 4. We have considered the submissions of both the sides. Notification No. 8/97-C.E. exempts the finished products, rejects and waste or scrap produced in a 100% EOU wholly from the raw materials produced or manufactured in India and allowed to be sold in India under and in accordance with the provisions of specified Paras of the Export and Import Policy 1997-2002 from so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the impugned material is only a waste product and not a finished product. The mere fact that it is sold as such in the market without any further processing would not make the impugned product a finished product. It is well known fact that generally the waste products are sold as such only without any further processing. Further as held by the Apex Court in Union of India v. Indian Aluminium ..... X X X X Extracts X X X X X X X X Extracts X X X X
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