Jai Raj Ispat Ltd. v. Commissioner Of Central Excise, Hyderabad

[Order per : S.L. Peeran, Member (J) (Oral)]. - The appellant is seeking waiver pre-deposit of duty amount of Rs. 10,40,443/- and penalty amount of Rs. 15,000/-. This is the second round of litigation. Matter had been remanded by Final order No. 901/99 dated 24-4-99. The appellants restricts the prayer pertaining to the reclassification of mis-rolls. The appellants claimed the same to be waste and scrap. It cannot be classified as semi finished goods falling under 7207.90. They had relied on large number of judgements. However the Commissioner has not agreed with the appellants prayer and has held that the item cannot be considered as waste and scrap. Matter pertains to 1997 and the same had seen remand from the Commissioner (Appeals) orders also. We have heard both sides and prima facie, we find that appellants have made out a case in their favour in classifying the item as waste and scrap under Section 7204.90, in view of the fact that the mis-rolls are required to be remelted and it cannot be reused as semi finished goods, the stay application is allowed granting full waiver of pre-deposit of the amounts and staying it’s recovery. Both sides submit that the matter pertains to 1997 and it has also seen two three rounds by remand orders. It is also submitted that there is recurring liability and in view of the fact that the issue of classification being involved, they pray for early hearing, Considered. Appeals to come up for hearing on 26th April, 2005.