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TMI Blog2008 (2) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... , then the claim of recovery of cent percent by weight of damaged cement is possible - since original consignment has been cleared on payment received for the purpose of reprocessing hence appellant is eligible for the benefit u/r 96-ZV - E/2637, 2638 & 3719/2004 - 100-102/2008-EX(BR)(PB), - Dated:- 29-2-2008 - S/Shri S.S. Kang, Vice-President and M. Veeraiyan, Member (T) Shri Abhishek, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner (Appeals) and now the matter is before the Tribunal. (c) The original authority has held that the procedure for receiving the damaged cement under Rule 96ZV has not been correctly followed and that the test report relied upon by them did not indicate the exact quantum of cement that was recoverable and that the claim of the appellant that the entire quantity of damaged cement has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner (Appeals). He submits that once the cement is set, the same is irreversible. He also submits that the claim regarding recovery of 100% of the damaged cement is unbelievable and hence not acceptable. 4. We have carefully considered the submissions from both sides. At the outset, we find that the tour note of the Deputy Chief Chemist dealt with damaged cement relating to another compa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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