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TMI Blog2007 (2) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... [Order per : T.K. Jayaraman, Member (T)]. This appeal has been filed by the appellants against the Order-in-Appeal No. 174/2004-C.E., dated 18-8-2004, passed by the Commissioner of Customs Central Excise (Appeals), Cochin. 2. The appellants are manufacturers of tread rubber which is an excisable commodity. Till 31-3-2000, they were availing the facility of Modvat scheme. In the finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder-in-Original No. 13/2001 dated 5-2-2001. The appellants appealed to the Commissioner (Appeals). The Commissioner (Appeals) upheld the Order-in-Original. The appellants are aggrieved over the impugned Order-in-Appeal. 2. Shri S. Vittal Shetty, learned Advocate appeared for the appellants. He urged the following :- (i) As per Rule 57AG(2) of the Central Excise Rules an assessee is requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 005 (183) E.L.T. 285 (Tri. - Bang.)] (b) Raghuvar (India) Ltd. v. CCE, Delhi [2002 (140) E.L.T. 280 (Tri. - LB.)] (c) CCE, Kanpur v. Hi-Tech Polypack [2001 (127) E.L.T. 118 (Tri. - Del.)] 3. The learned JDR reiterated the impugned order and relied on the following decisions :- (i) Amco Batteries Ltd. [2001 (129) E.L.T. 534 (Tri. - Bang.)] wherein it is held that no evidence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd also on the inputs contained in the finished goods. Since waste product is not considered as finished goods, it has been held that credit on inputs contained in waste is not required to be reversed. Following ratio of the cited judgment, we hold that the credit attributable to 5495 Kgs of waste parings is not liable to be reversed. As regards the compounded rubber, it has been held by the Tribu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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