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2015 (10) TMI 1262 - CESTAT BANGALORE

2015 (10) TMI 1262 - CESTAT BANGALORE - TMI - Excisability of product - whether the paper scrap and BOPP film scrap arising during the course of manufacturing of cigarettes can be held to be excisable or not - Held that:- Even though the said scrap is being sold by the appellant but the same cannot be held to be excisable and hence dutiable - issue stands covered by the decision in M/s. VST Industries Ltd. Vs. CCE, Hyderabad-II - Impugned order set aside - Decided in favour of assessee. - E/2198 .....

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an be held to be excisable or not. 2. The issue stands decided in the appellants own case reported as M/s. VST Industries Ltd. Vs. CCE, Hyderabad-II vide Final Order No.21046 to 21049/2015 dt.30/04/2015. By following the precedent decisions in various judgments, it stands held that even though the said scrap is being sold by the appellant but the same cannot be held to be excisable and hence dutiable. For better appreciation, we reproduce paragraph two of the said decision. 2. Learned advocate .....

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