2006 (1) TMI 496

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..... [Order per : C.N.B. Nair, Member (T)]. The appellant is a manufacturer of aluminium. During the period 1995-2000, the appellant disposed of assorted waste and scrap articles from its factory. Under the impugned order, excise duty demand to the time of about Rs. 9 lakhs and equal amount of penalty have been imposed in regard to those items. The finding is that when modvatable capital goo .....

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..... .K. Industries Ltd. [2004 (164) E.L.T. 332 (T) = 2004 (114) ECR 610 (Tri.- Delhi) in support of his contention. 4. The learned Counsel would also point out that the demand is time barred. It is being pointed out that there was no suppression of facts in the clearance of these waste and scrap and the appellant could have no intention to evade duty. 5. We find merit in the contentions of the ass .....

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..... ing with their disposal, the consideration which arises is not one of evasion of duly but one of how to get rid of them with some incidental gains. The removal of these items was also in the open, inasmuch their clearances were entered in the accounts of the assessee. 8. In the view we have taken above, the duty demand and penalty are not sustainable. They are set aside and appeal is allowed wit .....

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