TMI Blog2017 (12) TMI 501X X X X Extracts X X X X X X X X Extracts X X X X ..... that no duty is required to be paid on the MS Scrap as the same did not arise out of capital goods on which credit was availed by them. It is his contention that the said scrap did arise on dismantling of the old plant and machinery installed in their premises since 1968 but before April 1994 - Appeal allowed by way of remand. - E/79/2012-SM - A/13370/2017 - Dated:- 6-11-2017 - Dr. D.M. Misra, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal before the Ld. Commissioner (Appeals), who in turn, partly allowed the appeal to the extent to setting aside demand of ₹ 10,36,155/- and upheld the demand of ₹ 20,34,112/- with interest and peanlty. Hence, the present appeal. 3. Ld. Chartered Accountant for the appellant submits that scrap which was sold by them arose out of capital goods procured prior to 1994 and credit was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit had not been availed by them in the past. 5. I find that the issue to be addressed is: whether the appellant had availed credit on those capital goods, that became scrap and sold during the relevant period, without payment of duty. Ld. Chartered Accountant for the appellant categorically makes a claim that no duty is required to be paid on the MS Scrap as the same did not arise out of ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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