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2008 (8) TMI 288 - CESTAT NEW DELHIDemand and penalty on ground that appellant had cleared waste and scrap of capital goods on which Cenvat credit was availed - After use of the capital goods the appellant is recovering a portion of the value arising as waste and scrap - Rule 3(5A) envisages that on the present value of scrap/waste an amount equal to duty leviable shall be paid - duty is payable on the present value on the date of clearance - Only, when the question of manufacturing arises, the section notes as mentioned in Section XV of CET will become relevant - demand of duty is legal - issue involving mere legal interpretation, penalty unjustified
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