Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1999 (5) TMI 192

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rivastava, DR, for the Respondents. [Order per : Jyoti Balasundaram, Member (J)]. - The appellants herein are engaged in the manufacture of Synthetic Staple fibres of Polyester, falling under CET sub-heading 5503.20, out of waste emerging at different stages of production. Certain goods manufactured by them which were supplied to various customers were received back by them (within one year of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... processes to which the returned goods had been subjected after their return to the factory. The lower Appellate authority passed consolidated order disposing of nine appeals filed by the assessees against nine orders in original on rejection of refund claims, upholding the orders of the Assistant Commissioner. Hence these appeals. 2. We have heard Shri S. Mullick, learned Advocate and Shri S .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tion of Excisable components (the appellants did not use any excisable components) and Column 9 relates to amount of duty paid on components (this column was not required to be filled since no excisable components were used). Column 7 which relates to quantity recovered after reprocessing was admittedly required to be filled up but the appellants explain that this column was left blank in the Form .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o the above submissions and material on record, which could conclusively establish payment of duty on returned goods cleared after reprocessing, we are of the view that the matter requires to be re-examined in the light of the above evidence and therefore, we set aside the impugned order and remand the cases to the jurisdictional Assistant Commissioner of Central Excise who shall pass fresh orders .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates