2006 (5) TMI 280 - AT - Central Excise

Summary

Issues:
1. Application of Rule 57F(4) procedure for clearance of waste materials.
2. Requirement of permission under Rule 57F(4) for clearance of waste materials.
3. Duty liability on waste materials cleared without payment.

Analysis:
1. The appellant, engaged in manufacturing PVC Rigid Pipes, utilized waste materials in the form of pulp arising during production for re-generation of granules by job workers. The issue revolved around the clearance of such waste materials under Rule 57F(4) procedure without duty payment. The appellant contended that the waste was used for regenerating PVC granules, essential for manufacturing their finished products. Citing precedents like Narmada Plastics (P) Ltd. and Wyeth Laboratories Ltd., the appellant argued for the applicability of Rule 57F(4) procedure.

2. The respondent, however, argued that the appellant failed to obtain the necessary permission under Rule 57F(4) and did not submit required challans along with RT-12 return, suggesting a deliberate attempt to evade duty. The respondent contended that the waste materials should have been cleared with duty payment, questioning the availability of Rule 57F(4) procedure for such materials.

3. Upon review, the judge found the appellant's case aligned with the CEGAT decision in Narmada Plastics (P) Ltd., emphasizing that scrap and waste could be removed for reprocessing and further manufacturing under Rule 57F(3). The judge noted that the implied permission should be considered when the department did not explicitly refuse permission after intimation. Additionally, the judge highlighted that the mere non-submission of challans along with RT-12, deemed unnecessary by the appellant, did not warrant duty demand or negate the applicability of Rule 57F(4) procedure. It was crucial that the waste materials were properly accounted for and returned after re-processing, which the department did not dispute.

In conclusion, the judge set aside the Commissioner (Appeals)'s order, ruling in favor of the appellant and granting consequential reliefs, based on the alignment of the case with established precedents and the proper handling of waste materials in compliance with the relevant rules and procedures.