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TMI Blog2003 (3) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... the order passed by Commissioner (Appeals) the Revenue has filed the present appeal. We have heard Shri J.R. Madhiam, ld. JDR for the Revenue and Shri P. Kejriwal, ld. Director, appearing for the respondent. The issue involved is the excisability of coal ash. The Asstt. Commr. had confirmed the classification of coal ash under sub-heading No. 2621.00 and accordingly confirmed the demand of duty o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e circulars and trade notices issued by the Board classifying the same under heading No. 26.21 are arbitrary, illegal and not warranted by the provisions of Central Excise Act and Excise Tariff Act. The same were therefore set aside. By applying the ratio of the above decision the Commissioner (Appeals) has held that the 'burnt coal remains' or the 'half burnt coal' cannot be held to be excisable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... instant case coal is not used as a fuel but as an active input in the rotary kiln along with other raw materials. They have also relied upon the Board's Circular No. 386/19/98-CX-3, dated 7-4-98 and has also held that the Hon'ble High Court's decision in the case of M/s. Ahmedabad Electricity Co. Ltd. has not been accepted by the Department and SLP has been filed before the Hon'ble Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents that earlier such half burnt coal was being sold by them for the filling purposes but now a days they are disposing it of free of cost.
4. Inasmuch as the issue stands decided by the Hon'ble decision of the Gujarat High Court, we do not find any infirmity in the view taken by the Commissioiner (Appeals). Accordingly we reject the appeal filed by the Revenue. X X X X Extracts X X X X X X X X Extracts X X X X
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