2012 (9) TMI 858

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..... is a scrap - Held that:- I am not aware of any technology available at present which eliminates process-loss. In any manufacturing activity, process-loss occur and so long as the losses are within reasonable limits they have to be permitted. In the case before me, the loss is only to the extent of 5.4% which is very reasonable and, therefore, it cannot be held that there was any unreasonable loss. .....

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..... ring the period 25-10-2007 to 18-9-2008. They received back 46.294 MTs of copper cathodes. Inasmuch as the appellant failed to receive 2.655 MTs of copper cathodes within a period of 180 days, as required under Rule 4(5)(a) of the CENVAT Credit Rules, 2004, a show cause notice was issued to the appellant vide notice dated 29-10-2011 demanding duty of ₹ 1,33,689/- along with interest thereon .....

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..... rocess-loss. Nevertheless, they discharged duty liability along with interest only to avoid litigation. In spite of their bona fide action, the department has chosen to impose an equivalent amount of penalty which is bad in law. Accordingly, he pleads for setting aside the penalty imposed on the appellant. 4. The learned AR appearing for the Revenue reiterates the findings of the lower authoritie .....

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