2007 (11) TMI 465 - AT - Central Excise

Summary

Issues: Duty demand on destroyed electric storage batteries during quality control test.

Analysis:
1. The duty demand of Rs. 3,72,241/- on electric storage batteries destroyed during quality control testing and the penalty of Rs. 75,000/- imposed on the respondent were set aside by the Commissioner (Appeals), leading the revenue to appeal before the Tribunal.
2. The Tribunal referred to the case of ITC Ltd. v. CCE, where the Supreme Court held that goods removed for quality control testing within factory premises are liable to excise duty, but the quantity destroyed during testing is not. The Court emphasized the importance of maintaining and producing accounts related to destroyed goods during testing to determine duty liability.
3. The revenue's interpretation that duty is applicable even on destroyed batteries contradicts the Apex Court's decision. The judgment in CCE, Hyderabad v. Gulf Oil Corporation Ltd. further supported the exemption of duty on goods destroyed during quality control testing due to lack of proper account maintenance.
4. The Madras High Court decision in CCE, Madras v. Union Carbide India Ltd. was deemed irrelevant as it addressed a different issue, and the ITC judgment postdates the High Court decision.
5. Notably, the respondent had maintained accounts of all battery destruction during quality control testing, as confirmed in the impugned order.
6. Consequently, the Tribunal upheld the impugned order, rejecting the revenue's appeal.

This detailed analysis highlights the legal principles applied, the precedents cited, and the importance of maintaining accurate records to determine duty liability on goods destroyed during quality control testing.