2005 (3) TMI 334

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..... re-deposit duty amount of Rs. 15,05,94,359/- and penalty of Rs. 2 crores. The appellants are manufacturers of Hot-Rolled Coils. During the course of manufacture, Corex Gas comes into existence, which is also sold. However, it is classified under CH 27.05 at Nil rate of duty. It is the contention of the Revenue that as Corex Gas does not suffer duty, the appellants are required to pay an amount equ .....

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..... Anr. v. CCE, Coimbatore - 2003 (107) ECR 298 (Tribunal) (e) Rudra Bilas Kisan Sahakari Chini Mill Ltd. v. CCE, Meerut - 2000 (121) E.L.T. 119 (Tri.) (f) Aarti Drugs Ltd. v. CCE, Mumbai-III - 2001 (133) E.L.T. 385 (Tri.-Mumbai) (g) BOC India Ltd. v. CCE, Chennai-I - 2003 (158) E.L.T. 47 (Tri.-Kolkata). 2. The learned Counsel submits that this very issue came up for a d .....

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..... authority for de novo consideration on this point. 3. Heard learned SDR who reiterated the departmental view. 4. On a careful consideration, we find that the Corex Gas comes into existence as a technological necessity as a by-product. In terms of the judgments already noted supra, the availment of Modvat credit appears to be correct. Prima facie, the appellants have made out a very strong cas .....

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