TMI Blog1999 (4) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... This is an appeal against the confirmation of the demand of duty of Rs. 9,702/-, disallowance of Modvat credit amounting to Rs. 10,310.40 and imposition of penalty of Rs. 10,000/-. 2. The facts of the case briefly stated are that the appellants are manufacturers of nickel scrap and other goods. It was noticed that the appellants had manufactured and cleared 2019 Kgs. of nickel scrap for c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the decision of this Tribunal in the case of Rapicut Carbides Limited reported in 1989 (41) E.L.T. 259 stating that the Tribunal held that Notification No. 217/98 (sic) was covered by the Central Duties of Excise (Retrospective Exemption) Act, 1986. It was also contended that the waste and scrap which arose during the course of manufacture of articles of nickel was not excisable at all during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve consumption in the same factory was not applicable from 1-3-1986 and was only prospective i.e. applicable from 2-4-1986 onwards. We have perused the relevant chapter headings under Chapter 75. We are in agreement with the lower authorities that the nickel waste and scrap will be dutiable under chapter sub-heading 7501.10. The question, therefore, remains the Notification No. 217/86 which was is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 217/86 dated 2-4-1986 will be effective from 1-3-1986 in terms of Central Duties of Excise (Retrospective Exemption) Act, 1986, therefore on this allegation, we set aside the impugned order. 5. The second allegation is about disallowance of Modvat credit. In the case of the appellant, the final product is nickel micro screens and in the input is nickel. For manufacturing nickel micro screen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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