2002 (5) TMI 671 - AT - Central Excise

Summary

Issues:
1. Short levy of Rs. 1,51,539 during June - July 1995
2. Imposition of penalty of Rs. 5,000 under Rule 173Q
3. Discrepancy in valuation of re-rollable scrap and melting scrap
4. Revenue's contention on valuation of waste scrap
5. Burden of proof on classification and valuation of items
6. Lack of evidence provided by Revenue to substantiate their charge

Analysis:

1. The judgment deals with a Revenue appeal against an Order-in-Appeal that set aside the short levy of Rs. 1,51,539 and the penalty of Rs. 5,000 imposed for clearance during June - July 1995. The Commissioner (Appeals) allowed the appeal on merits, thereby vacating the penalty.

2. The Revenue contended that both waste scrap and M.S. scrap should have been valued at the same rate of Rs. 9,200 per metric ton, arguing that the appellant failed to prove the difference in market valuation. The Revenue disputed the differentiation in valuation between the two types of scrap.

3. The Bench highlighted that the descriptions of the items in the invoices were different, with one type meant for melting and the other for re-rolling. The appellant's consultant argued that the materials were distinct in nature, with melting scrap having a lower value and the re-rolling scrap having a higher value.

4. The judgment emphasized that the Revenue failed to provide evidence to substantiate their charge and discharge their burden of classification. It was noted that the Revenue did not take samples of the items or verify market prices, while admitting the accuracy of the invoice descriptions.

5. The Tribunal concluded that the items were indeed different, described distinctively in the invoices, and utilized for separate purposes of melting and re-rolling. The Commissioner rightly accepted the appellant's contentions due to the lack of sufficient evidence from the Revenue to support their case, thereby rejecting the appeal.

6. In the absence of contradictory evidence challenging the factual findings on the differentiation and usage of the items, the Tribunal upheld the Order-in-Appeal, emphasizing the Revenue's failure to discharge the burden of classification and provide substantial evidence to support their claims.