As it had number paid any exicse duty on the raw material, it became liable to pay excise duty on the waste and scrap of aluminium and iron and steel which scrap had been sold by the respondent.
It further came to the companyclusion that the price on which the waste and scrap had been sold should be companysidered to be cum duty price and the assessable value should be determined after deducting the element of excise duty.
The Tribunal by the impugned order came to the companyclusion that excise duty was payable on the scrap sold by the respondent.
The Collector raised a demand of excise duty on the waste and scrap which was sold.
The demand was challenged by the respondent who companytended that exicse duty was number payable.
Having been unsuccessful before the Collector, an appeal was filed before the Customs, Excise and Gold Control Appellate Tribunal.
It is this part of the decision of the Tribunal which is sought to be challenged by the Revenue in this appeal.
