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TMI Blog2011 (1) TMI 438X X X X Extracts X X X X X X X X Extracts X X X X ..... dent. [Order per : P. Karthikeyan, Member (T)]. - The impugned order sustained demand of Rs. 1,25,87,845/- raised against the appellant, M/s. Cochin Shipyard Ltd. The assessee imports steel and manufactures ships following provisions allowing inbond manufacture. In the process of manufacture of ships scrap is generated. The assessee cleared scrap from the warehouse and paid applicable duty taki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efuse was cleared for home consumption, the form in which the goods are cleared is relevant for valuation. The adjudicating authority had wrongly held that the assessee was liable to pay duty equal to import duty payable on the steel contained in the scrap. 2. The learned Counsel reiterated the grounds taken in the appeal. 3. The learned Jt. CDR reiterated the reasoning followed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection (1), there is any waste or refuse, the following provisions shall apply : - (a) if the whole or any part of the goods resulting from such operations are exported, import duty shall be remitted on the quantity of the warehoused goods contained in so much of the waste or refuse as has arisen from the operations carried on in relation to the goods exported : Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so much of the waste or refuse as has arisen from the operations. We find that the impugned order is consistent with the above provisions of the statute. We also note that the language employed in the sub-section is clear and unambiguous and we do not find any scope for a different interpretation of the same. In the circumstances, we reject the appeal filed by M/s. Cochin Shipyard Ltd. (Pronounce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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