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2011 (4) TMI 1168 - AT - Central ExciseDutiability to ferrous waste - ferrous waste is generated out of worn out items like nuts and bolts, valves and other parts which were used as part of the capital goods in the factory premises of the appellants. - generation of ferrous waste during the manufacturing process or not - Held that:- it cannot be accepted that such wearing out of the product was not in relation to the process of manufacturing of the final product. It is not that merely a product which goes directly in the manufacturing process those can generate the ferrous waste which can be subjected to duty liability. Even the part of the capital goods which periodically wear out on account of manufacturing process then such wearing out will be in relation to the manufacturing process. Determination of assessable value - held that:- While ascertaining the assessable value, the duty remain will have to be deducted from the assessable value, items nuts and bolts procured by the appellants, duty paid thereon has been merged as credit of the appellants, decision about dutiability of the products does not call for any interference. However, regarding ascertaining the assessable value, the matter will have to be remanded to adjudicating authority, as regard of penalty no interference is warranted, appeals disposed of
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