2002 (8) TMI 487 - AT - Central Excise

Summary

Issues:
Whether scrap arising out of broken moulds is dutiable or not.

Analysis:
The appeal involved a dispute regarding the dutiability of scrap arising from broken moulds used in the manufacture of steel products. The appellants, engaged in manufacturing steel products, used copper moulds for casting steel, which involved the use of copper plates subjected to processes like turning and boring. The central issue revolved around whether the scrap resulting from broken moulds was subject to duty.

The appellant's representative argued that previous Tribunal decisions, such as Hyderabad Industries Ltd. v. Union of India and ACC Limited v. CCE, supported their position that scrap arising from dismantling condemned old machinery was not dutiable. Specifically, reference was made to the decision in ACC Ltd. v. Commissioner of Central Excise, Bhopal, highlighting relevant portions that emphasized the non-dutiable nature of certain scrap. The appellant contended that the duty demand on scrap from broken moulds was legally untenable.

In contrast, the Revenue representative justified the duty demand by pointing out that the appellant had taken Modvat credit on copper plates used in manufacturing the moulds. However, the appellant argued that since the copper plates were no longer in existence and had been used in the manufacturing process, attributing the duty on scrap from broken moulds to the dismantling of moulds was not justified.

After careful consideration of the arguments presented by both sides and a thorough review of the submissions and records, the Tribunal concluded that the scrap arising from broken moulds was not dutiable. The Tribunal relied on the precedent set by previous decisions, such as Diesel Component Works, Patiala v. CCE, Chandigarh, which established that scrap resulting from the dismantling of machinery was not subject to duty. Consequently, the Tribunal ruled in favor of the appellant, disposing of the appeal in their favor based on the non-dutiable nature of the scrap from broken moulds.