2006 (1) TMI 394 - AT - Central Excise

Summary

Issues:
- Appeal against the order-in-appeal for confiscation of S.S. Scrap in dust form.
- Liability for confiscation and penalty due to unaccounted scrap.
- Classification of scrap in dust form as excisable goods.

Analysis:
1. The appeal was filed by the Revenue against the order-in-appeal that set aside the confiscation of goods, specifically S.S. Scrap in dust form. The respondents were involved in the manufacture of stain steel cut wire shots, and the Revenue claimed that unaccounted scrap in dust form was liable for confiscation and penalty.

2. The appellant contended that the material in question was not S.S. scrap but was in dust form with negligible value. They argued that the scrap was of no market value, as confirmed by the report of the Superintendent Range Officer. The Tribunal referenced a previous case, Alcobex Metals Ltd. v. Commissioner of Central Excise, where it was held that industrial dust arising during manufacturing may not be classified as excisable goods.

3. The Tribunal observed that the Revenue was treating the material as S.S. Scrap, while in reality, it was scrap in dust form with negligible value and no market. Citing the precedent mentioned earlier, the Tribunal concluded that the dust of S.S. Scrap did not qualify as goods and, therefore, could not be confiscated due to non-accountal. The Tribunal found no fault in the order-in-appeal and dismissed the appeal filed by the Revenue.