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TMI Blog2007 (6) TMI 358X X X X Extracts X X X X X X X X Extracts X X X X ..... rder] Heard booth sides and perused record. 2. The appeal is directed against denial of Modvat credit of Rs. 49,480/- (Rupees Forty nine thousand four hundred eighty). The denial of credit is on the ground that the input in question was declared waste and cleared as waste. It is also being stated that it was on line waste. 3. The submission of the learned Counsel is that the inputs in qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and rejected is no ground in view of Rule 57A read with Rule 57D to deny the benefit. 32. In view of what is stated hereinabove, we find that the commission has misdirected itself in examining the question. 33. Considering the stage-wise process indicated earlier, it is clear that the process commences with loading of the float glass sheet on the float table where cutter is used to cut the gla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt under Article 32 or under Article 136 and it remains the same i.e. to consider whether the order of Settlement Commission is contrary to the provision of the Income-tax Act and if so and whether it has prejudiced the petitioner. This of course, part from the ground of bias or malice which constitute an independent and separate category. At page 622 the Court after examining the scheme in detail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remains covered by the judgment of the Hon ble High Court. In the case of Asahi India Safety-Glass Limited, the Hon ble High Court noted that process of manufacture commences with the loading of float glass sheet on the float table and any waste occurring thereafter is waste in the process of manufacture. In the present case, the Aluminium foil was issued for manufacture and was wasted/rejected d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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