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2006 (7) TMI 210 - SC - Central ExciseWhether the mis-rolls arising during the process of manufacture CTD bars would fall under tariff entry 72.04 or 72.07 - Held that:- Iron and Steel waste and scrap - Heading 72.04 would not cover an article which could be converted into another article by hot rolling without it being necessary to remit the metal first. The Board, therefore concluded that Heading No. 72.04 read with Note 6(a) to Section XV and HSN Explanatory Notes at pages 987-988 would cover only such waste and scrap as would generally be used for remelting and consequently would not cover re-rollable scrap. Such waste and scrap which is not for re-melting will have to be classified in the other appropriate headings of the tariff - As per this Circular the articles which could be converted into another articles by hot rolling without re-melting would not fall under heading 72.04. The waste and scrap which is not for remelting will have to be classified in the other appropriate headings of the tariff. This Circular is in consonance with the findings recorded by the Tribunal in the present case - Decided against assessee.
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