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TMI Blog2016 (8) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... at scrap is normally understood in common parlance as waste having less or no intrinsic value and that the said punched Silver Strips on re-melting and re-rolling are converted again into Silver Strips. Therefore, remnants of silver strips are not waste and scrap. By applying the same, we hold that worn out Silver Targets are classifiable under chapter subheading No. 7010.31 attracting NIL rate of duty. - Decided in favour of appellant - E/1060/2007-EX(DB), E/ 1061/2007-EX(DB) - Final Order No. 70261 to 70262/2016 - Dated:- 10-6-2016 - Shri Anil Choudhary, Member (Judicial) and Shri Anil G, Shakkarwar Member (Technical) Present for the Appellant : Shri Atul Gupta, Advocate Present for the Respondent: Rajeev Ranjan (Joint Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the appellant and penalty of ₹ 2,58,101/- on Shri Sunil Wadhwani, Director who is also another appellant in his present appeals. Aggrieved by said Order-in-Original dated 28.11.2005 appellants preferred appeal before Commissioner (Appeals). Ld. Commissioner (Appeals) decided the said appeal through impugned order wherein he has held that the remnant of Silver Targets was containing Silver of 97% to 98% on the basis of test conducted by the Department and it is worn out. Therefore, he has upheld the Order-in-Original However, he has directed that the sale proceeds should be treated as cum duty value and duty liability needs to be reworked. 4. The contention of the appellant before us is that the observation of Ld. Commissioner (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s were subjected to the process of punching out of silver in the manufacturer of electro mechanical electronic components. The process involved punching of Silver Strips and at the end punched out Silver Strips was remnant. This Tribunal has held that in the said case the remnants of silver strips have lost only their original shape and the remaining portion after being punched had not lost the purity and therefore is classifiable under chapter subheading No. 7101.31. It was also held that scrap is normally understood in common parlance as waste having less or no intrinsic value and that the said punched Silver Strips on re-melting and re-rolling are converted again into Silver Strips. Therefore, remnants of silver strips are not waste and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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