2005 (2) TMI 426

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..... t].- Heard both sides. The appellant filed this appeal against the order-in-Appeal passed by the Commissioner (Appeals). 2. Brief facts of the case are that the appellants are engaged in the manufacture of Brass Components from Brass Rods. During the manufacture of brass components, brass boring emerged as waste. The appellants were clearing the brass waste and scrap without payment of duty for j .....

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..... Laboratories Ltd. v. CCE reported in 2000 (120) E.L.T. 218. In this case the Tribunal held as under: "3(c) commercial prudence and technological feasibility would induce a manufacturer to reconvert, reprocess, recondition and otherwise deal with intermediate goods, by-produces, scrap, refuse, waste etc. to obtain maximum targeted production of the final product by utilising the facilities availab .....

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..... ly talks of waste. Therefore, it appears, that the framers of the rules have used the word "waste" in Rule 57F(4) to be understood in a limited fashion; this has to be restricted to such converted inputs which are not desired to be used any further, for use, in or in relation to the manufacture of the final product". 5. In view of the above decision of this Tribunal, the impugned order is set asi .....

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