2007 (8) TMI 621 - AT - Central Excise

Summary

Issues involved: Determination of liability for duty of excise on waste and scrap of packing materials, other waste and scrap arising during manufacturing, and waste chemical/waste oil.

Issue 1 - Waste and scrap of packing materials:
The appellate authority relied on the Hon'ble Supreme Court's decision in the case of M/s. West Coast Industries. The Revenue did not argue that this decision is not applicable to the current case. It was held that waste and scrap of packing materials are not manufactured products and thus not liable for duty of excise.

Issue 2 - Other waste and scrap:
The Commissioner (Appeals) issued a detailed order, supported by various decisions, concluding that there is no manufacturing activity involved in the other waste and scrap. The Revenue did not claim that the appellants are manufacturing such waste and scrap. Merely the sale and purchase of waste and scrap does not indicate manufacturing activities. The waste and scrap in question were described as damaged, old, used, obsolete pieces, machineries/equipments, and metal furniture. The tribunal found no valid reason to classify them as excisable products. Consequently, the Revenue's appeal was dismissed, and the cross-objection was also disposed of.