2007 (9) TMI 484 - AT - Central Excise

Summary

Issues: Appeal against dismissal for non-compliance of Section 35F of the Central Excise Act, mis-declaration of scrap value, remand by the Commissioner (Appeals), processing of imported metal scrap, duty payment, valuation of remaining scrap.

Analysis:

The appellant challenged the Commissioner (Appeals) order dismissing the appeal due to non-compliance with Section 35F of the Act. Initially, the Commissioner (Appeals) had required a pre-deposit, which was later modified but not complied with by the appellant, leading to the dismissal of the appeal. The Tribunal considered the short issue of non-deposit under Section 35F and proceeded with the final hearing, waiving the pre-deposit requirement at the instance of both parties.

The appellant, a sole proprietor of a company, argued that the Commissioner (Appeals) had earlier remanded the matter for fresh consideration. The Additional Commissioner found mis-declaration of the scrap value post-processing, as it was sold below the average import value. The appellant, an EOU for manufacturing copper alloy zinc, imported metal scrap containing zinc, processed it into zinc ingots, and sold the by-product as scrap in the domestic market. The Tribunal noted that the value of the remaining scrap after processing should not exceed the value of the imported scrap. Consequently, the impugned order was set aside, directing the Commissioner (Appeals) to hear the appeal on merits promptly, as the matter had already been delayed.

In conclusion, the Tribunal allowed the appeal by remand, emphasizing the need for expeditious disposal by the Commissioner (Appeals). The stay application was disposed of, and the matter was restored for further proceedings.