TMI Blog1998 (2) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... Order per : G.R. Sharma, Member (T)]. - In the reference application, revenue has contested that the following points of law arise out of Tribunal's Final Order No. 910/97-NB, dated 26-8-97 - 1997 (96) E.L.T. 360 (T). (i) Whether the credit taken on scrap used in manufacture of steel billets/ingots which were used captively, without payment of duty, in the manufacture of CTD bars, fla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the contention of the assessee that in the declaration available in the paper book at page 35 under sub-heading 7207.90, 7206.90 and 7204.90 shows scrap and ingots also. He submits that this is only a tariff description and sub-heading of the item and not description of the product used as input. Ld. DR submits that it is all the more necessary that complete and full description of the inputs s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... illets have been indicated as inputs and in addition to them, steel ingots and scrap was also declared as input for steel, flats of iron rounds, angles and channels. Ld. Consultant submits that billets, ingots and scrap have been described as inputs for the manufacture of flats, round, angles and channels. He submits that the contention of the department that they were not declared, is not support ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the instant case, we find that it is a composite mill, it has got a furnace for manufacture of ingots and billets and it has got a rolling mill for converting ingots and billets into flats, rounds, angles and channels. The Tribunal went into details to find out as to what should be consideered as an input in relation to a final product. Quoting from its earlier decision in the case of Collector of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd point that steel scrap and ingots were not declared as inputs in the Modvat declaration. On perusal of the declaration referred to above, we find that tariff sub-heading No. 7206.90 and 7204.90 is indicated in the declaration. 7206.90 stands for ingots and 7204.90 stands for scrap. Therefore, the contention that the inputs were not declared is also not supported by the facts. In the circumstanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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