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COMMISSIONER OF CENTRAL EXCISE, SURAT Versus ANGANA TEXTILES P. LTD.

2007 (8) TMI 626 - CESTAT, AHMEDABAD

Demand and penalty - 100% EOU - rejects and waste - Held that: - no case of diversion or use of the raw materials procured duty free for a purpose other than intended purpose, has been made out. Therefore, no valid grounds have been adduced to interf .....

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rchana Wadhwa, Shri M. Veeraiyan, JJ. REPRESENTED BY : Shri M.M. Mathkar, JDR, for the Appellant. None, for the Respondent. [Order per : M. Veeraiyan, Member (T)]. - This is Department s appeal against the order of the Commissioner No. 14/Dem/2002 dt .....

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terials and also procured duty free indigenous materials for use in the manufacture of goods meant for export. (b) During the course of manufacture, some rejects and waste have arisen and the same have also been cleared in the domestic market, a .....

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he inputs, which have gone into the manufacture of said finished goods (which are waste and rejects) are also demandable and accordingly proposed demand of duty and penal action. (d) The Commissioner vide his order referred above confirmed excis .....

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e as it was not a case of removal of duty free inputs as such. (e) The Department has come up in appeal against the non-demanding of customs duty on raw materials contained in the waste and rejects and non-demanding of excise duty on the raw mat .....

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