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TMI Blog2006 (7) TMI 210X X X X Extracts X X X X X X X X Extracts X X X X ..... of manufacture CTD bars would fall under tariff entry 72.04 or 72.07. 2.Appellant had been classifying the mis-rolls under tariff entry 72.07 but after the issuance of the Notification No. 49/97-C.E., dated 1st August, 1997 exempting the waste and scrap arising in the course of production or manufacture of hot re-rolled products from the whole of excise duty, appellant started classifying the mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Excise and Service Tax Appellate Tribunal, South Zonal Bench at Bangalore (for short 'the Tribunal'). Tribunal held that the mis-rolls arising during the manufacture of CTD bars would not fall under tariff entry 72.04 and the same would fall under 72.07. Demand of differential duty was confirmed. However, the interest and penalty were waived off. 7.Being aggrieved, the appellant has come up in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng No. 7204 would not cover an article which could be converted into another article by hot rolling without it being necessary to re-melt the metal first. In other words, according to the Board's clarification, the heading No. 7204 would cover only such waste used for re-melting not cover re-rollable scrap and such waste and scrap which are not for re-melting would be classifiable in other appropr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... article by hot rolling without it being necessary to remit the metal first. The Board, therefore concluded that Heading No. 72.04 read with Note 6(a) to Section XV and HSN Explanatory Notes at pages 987-988 would cover only such waste and scrap as would generally be used for remelting and consequently would not cover re-rollable scrap. Such waste and scrap which is not for re-melting will have to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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