TMI Blog2007 (2) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... - AppealNos. E/3897/05 & E/366/06 - Final Order Nos. A /352 & 353/2007-WZB/C-IV/(SMB), - Dated:- 2-2-2007 - [Order per] - The common issue arising for determination in these two appeals is admissibility of credit on piston rings manufactured and initially cleared on payment of duty by the appellants and brought back to the factory and converted into scrap and sold, in terms of `Rule 16 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le (1) and in any other case the manufacturer shall pay duty on goods received under sub-rule (1) at the rate applicable on the date of removal and on the value determined under sub-section (2) of section 3 or section 4 or section 4A of the Act, as the case may be." 3. On merits, the issue stands decided against the assessees by Tribunal's order in the case of CCE Jaipur-I v. RFH Metal Casting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available to the department in this case and that penalty is also sustainable for the above reason. However, having regard to the facts and circumstances of the case, reduce the penalty from amount equal to duty, to Rs.2,00,000/- (Rupees two lakhs only), in Appeal No. E/3897/05. 5. As regards penalty of Rs.25,000/- in Appeal No. E/366/06, since the demand is within the normal period of limita ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
