2004 (6) TMI 562

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ellant is directed against the Order-in-Appeal passed by the Commissioner (Appeals) whereunder payment of Rs. 4,03,201/- confirmed by the adjudicating authority was upheld besides penalty to the extent of Rs. 1,00,000/- was sustained. 2. The aforesaid duty was demanded from the appellants in respect of the duty paid on pig iron allegedly used in the exempted final product. The appellants claimed .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e appellants had taken credit of duty paid on inputs used in the scrap which arose in the manufacture of exempted P.D. Pumps. Hence the same is required to be reversed. 5. In the order-in-appeal, it is clearly stated that, the waste and scrap cleared on payment of duty cannot be treated as clearance of finished excisable goods and accordingly the credit taken in respect of the input quantity use .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X