2008 (1) TMI 111

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..... em as per Rule 16(2) CCR – there is merits in the Revenue’s contention that when goods have been cleared “as such” as scrap, assessee are required to reverse the credit taken by them on retuned goods – Bona fide mistake – penalty set aside - E/556/2007 - A/127/2008-WZB/C-II/(SMB), - Dated:- 18-1-2008 - Shri K.K. Agarwal, Member (T) [Order per]. - 1. This is Revenue's appeal. Brief facts o .....

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..... the Asst. Commissioner who confirmed the duty and imposed penalty of equivalent amount. On appeal, the Commissioner (Appeals) has set aside the order holding that once the returned goods have been converted into scrap which is excisable, the assessee is required to pay duty at the rate and value applicable to scrap only. 2. It is the Revenue's contention that in this case no process whatsoeve .....

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..... eared as such as scrap. In view of this it is evidently clear that no manufacturing activity was carried out. I therefore find merits in the Revenue's contention that when goods have been cleared as such as scrap, the respondents are required to reverse the credit taken by them on retuned goods. However looking into the circumstances of the case which involved interpretation of Rule 16, I consider .....

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