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2016 (8) TMI 446 - AT - Central ExciseClassification - worn out Silver targets - Whether to be classifiable under Chapter Subheading No. 7101.80 attracting 16% rate of duty as per Department or under Chapter Subheading No. 7101.31 which attracts NIL Rate of Duty - Held that:- the decision of Tribunal in the case of OEN (I) Ltd. Vs. CCE Cochin [1997 (7) TMI 249 - CEGAT, NEW DELHI] is squarely applicable to the present case where 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 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
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