TMI Blog2015 (8) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... itself, clinches the issue. In the decision, the CESTAT has held that during the manufacture of die-casting of aluminium parts, dross and ash emerge as by-products and, therefore, insofar as these by-products are concerned, no manufacturing process is involved and on that basis, it has held that no excise duty shall be payable thereupon. It is pertinent to mention that this decision has been accep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngots to job worker and the job worker manufactured the parts, by melting this aluminium and die-casting the same. This factual position is undisputed. During the course of such die-casting of items/parts of aluminium, ash and dross arises. It is the contention of the Revenue that such aluminium ash and dross are liable for payment of excise duty. The aforesaid contention of the Revenue has bee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9; [1995 Supp (2) SCC 465]. He submits that aluminium ash and dross were by-products which came into being during the manufacture of die-casting of aluminium parts. He has also pointed out that the CESTAT itself accepted, while deciding the issue for the future period, that the aforesaid case of the appellant is covered by the judgment of this Court in Indian Aluminium Co. Ltd.'s case referred ..... X X X X Extracts X X X X X X X X Extracts X X X X
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