Duty reversed on scrap destroyed

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..... Duty reversed on scrap destroyed
Query (Issue) Started By: - Swapneswar muduli Dated:- 9-2-2016 Last Reply Date:- 10-2-2016 Central Excise
Got 5 Replies
Central Excise
Dear Sir, We are a manufacture of Electrical Goods for produce the Electrical Goods we use the fiber strip. There is some scrap generated from this fiber strip and sheets and these fiber scraps are not salable because .....

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..... no one want to purchase these fiber scrap . In these above case we need to reverse the excise duty on these scrap or not ? Regards Swapneswar Muduli Reply By Ganeshan Kalyani: The Reply: In my view no excise duty is payable on scrap. Reply By KASTURI SETHI: The Reply: I agree with the views of Sh.Ganeshan Kalyani, Sir. As per Section 2 (f)(iii) of Central Excise Act one the conditions is tha .....

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..... t goods i.e. whether waste scrap or bye-product must be marketable. In your case, your waste scrap is not marketable, hence no Central Excise duty is payable. A judgement of Supreme Court and Board's Circular are appended below:- 2015 (322) E.L.T. 769 (S.C.) = 2015 (10) TMI 566 - SUPREME COURT IN THE SUPREME COURT OF INDIA A.K. Sikri and Rohinton Fali Nariman, JJ. UNION OF INDIA Versus D .....

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..... SCL SUGAR LTD. Press-mud arising during manufacture of Sugar, not excisable Circular No. 730/46/2003-CX., dated 31-7-2003 F.No. 387/S/108/02-JC Subject : Excisability of Press-mud arising during manufacture of sugar -Adjudication of cases regarding……… Cenvat Credit is also not to be reversed contained in the waste scrap arisen during the manufacture of final product. Rel .....

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..... evant extract of Board's circular is appended below:- F. No. B-4/7/2000-TRU, dated 3-4-2000 Reply By Mahir S: The Reply: Yes Sir, the replies furnished above are correct. However, you need to raise excise invoice showing NIL value and duty at the time of clearance from the factory premises, for the purpose of quantification of the said non saleable scrap. Reply By KASTURI SETHI: The Reply .....

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..... : Sh.Mahir S. Sir, You have rightly advised and thus completed my reply. Reply By Mahir S: The Reply:
Discussion Forum - Knowledge Sharing .....

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