TMI Blog2000 (11) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent. [Order per : Archana Wadhwa, Member (J)]. Vide the impugned orders the authorities below have confirmed demand of duty of Rs. 5,32,585/- and penalty of Rs. 12,000/-. 2. Briefly stated the facts of the case are as under : - 2.2 The appellants are engaged in the manufacture of railway track construction material classifiable under Heading 73.02. The appellants purchased duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said notification and has added the value of clearances of such waste and scrap for reckoning the value of the aggregate clearances of the appellants during the preceding financial year for the purposes of deciding the availability of Notification No. 1/93-C.E., dated 28-2-1993. Accordingly it has been held by the Revenue that during the financial year 1993-94 the value of clearances of all excis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant and Shri A.K. Chattopadhyay, ld. JDR for the Revenue. 5. Notification No. 171/88-C.E., dated 13-5-1988 grants exemption to waste and scrap of iron subject to conditions numerated in column 5 of the table annexed to the said notification. Condition No. (i) is to the effect that provided such waste and scrap have arisen from the goods covered by Chapter 72 or the other goods on which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the raw materials viz. ingots, billets, blooms etc. As such, as rightly observed by Commissioner (Appeals), irrespective of stage of operation, the fish plates, bearing plates which are finished goods and on which duties have been levied, have arisen from semi-finished iron and steel raw material. The appellants have taken the Modvat credit of duty paid on such raw material and have utilised the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he entire process of manufacture starting from ingots/billets/blooms up to the stage of emergence of the final product which has to be taken into acount for the purposes of notification in question. Accordingly we hold that the benefit of Notification No. 171/88 was not available to the appellants and the value of clearances of waste and scrap have been rightly held to be includible in the aggrega ..... X X X X Extracts X X X X X X X X Extracts X X X X
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