2006 (2) TMI 483 - AT - Central Excise

Summary

Issues:
1. Appeal against demand confirmed for M.S. Heavy Scrap and Aluminium Scrap.
2. Interpretation of Rule 57S(2)(C) of Central Excise Rules regarding duty liability on old and used parts of capital goods.

Analysis:
1. The appellant filed an appeal against the Order-in-Appeal confirming the demand for M.S. Heavy Scrap and Aluminium Scrap cleared by them. The demand was based on the assertion that M.S. scrap consisted of used and old parts of capital goods for which credit had been taken.

2. The appellant argued that M.S. heavy scrap comprised leftover small pieces of building material without Modvat credit and that Aluminium scrap consisted of old, broken parts of separators without duty requirement as no credit was taken on these capital goods. The appellant contended that the demand was not sustainable based on these grounds.

3. The revenue contended that the scrap in question constituted old and used parts of capital goods, making the manufacturer liable to pay duty under Rule 57S(2)(C) of Central Excise Rules. However, the appellant maintained that the scrap did not involve any credit taken on the capital goods.

4. The appellant specifically clarified before the Commissioner that M.S. Heavy scrap was related to leftover small building material pieces and Aluminium scrap comprised old parts of capital goods without any credit taken. The revenue did not dispute this fact presented by the appellant.

5. Considering the facts presented, where the scrap was identified as old and used parts of capital goods without any credit taken, the Tribunal found the demand unsustainable. Consequently, the appeal was allowed in favor of the appellant, emphasizing that no duty liability existed in these circumstances.