2003 (9) TMI 655 - AT - Central Excise

Summary

Issues:
1. Disallowance of exemption and duty payment on waste and scrap.
2. Dispute over the rate of duty for products under sub-heading 7214.90.

Issue 1 - Disallowance of Exemption and Duty Payment on Waste and Scrap:
The appeal was filed by M/s. Venkateswara Steels P. Ltd. against the Order-in-Appeal passed by the Commissioner (Appeals). The Appellants manufacture bars and rods and had paid duty under the compounding scheme. The Deputy Commissioner disallowed the benefit of exemption for waste and scrap as of 1-8-1997 and ordered duty payment at the rate of 300 PMT for goods produced in August 1997. The Commissioner (Appeals) upheld this decision. The Appellants argued that during the compounding scheme period, waste and scrap were exempt from duty. However, the Tribunal found that the waste and scrap did not qualify for exemption as it did not arise in the course of manufacturing goods subject to excise duty under Section 3A of the Central Excise Act.

Issue 2 - Dispute Over Rate of Duty for Products Under Sub-heading 7214.90:
Regarding products falling under sub-heading 7214.90, both parties agreed on the duty payment as per Notification No. 50/97 as amended. However, there was a disagreement on the rate of duty - Rs. 150/- PMT claimed by the Appellants or Rs. 300/- PMT confirmed by the Commissioner (Appeals). The Tribunal noted that the rate of duty depended on the nominal diameter on the last stand of the re-rolling mills. As this factual aspect was not clarified by either side, the Tribunal remanded this issue to the Adjudicating Authority for verification of the nominal diameter and subsequent duty determination.

In conclusion, the Tribunal disposed of the appeal by directing the Adjudicating Authority to verify the nominal diameter on the last stand of the re-rolling mills to determine the duty rate accurately.