TMI Blog2004 (5) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order-in-original, the issue relates to the excisability of gun metal scrap and rubber scrap. The adjudicating authority has held these items to be excisable/dutiable and confirmed the duty demand of Rs. 2,97,548/- with equal amount of penalty and interest against the appellants. 2. The learned Counsel has contested the excisability of gun metal scrap by stating that the same had not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts contested the duty demand on various grounds. The Commissioner, however confirmed the duty demand in all of Rs. 6,36,624/- out of which Rs. 2,97,548/- related to duty on the gun metal scrap and rubber/conveyor belt scrap. However, that order of the Commissioner was set aside by the Tribunal vide order dated 4-6-2003 and matter relating to the dutiability of gun metal scrap and rubber/melting sc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for castings. It had been put to us as an essential component of the machinery/equipment since it protects from corrosion and has a high tolerance limit but after repeated use, looses its essential characteristics. 5. The provisions of Rule 57-S(2)(c) and Rule 57AB(2)(b) referred to above, could not be invoked for demanding duty as the appellants had not sold the capital goods as such as waste a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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