2008 (9) TMI 705 - AT - Central Excise

Summary

Issues:
- Benefit of Notification No. 49/97 extended to waste and scrap
- Interpretation of Notification criteria for duty exemption
- Evidence requirement for claiming benefit under the Notification

Analysis:
The case involved an appeal by the Revenue against the extension of benefits under Notification No. 49/97 to waste and scrap manufactured in August '97 and cleared after September 1, '97. The Revenue contended that the benefit of the Notification was applicable only to waste and scrap arising during the manufacture or production of specified goods on which excise duty was paid under Section 3A of the Central Excise Act. The key issue was whether the duty had been paid on the specified goods as required by the Notification.

The Notification itself exempted waste and scrap of ingots, billets, and hot re-rolled products for non-alloy steel when arising in the course of manufacturing specified goods on which excise duty was paid under Section 3A of the Act. The Commissioner (Appeals) had initially allowed the benefit of the Notification to the waste and scrap in question. However, the Tribunal found that there was no evidence on record to demonstrate that the specified goods, during the production of which the scrap was generated, had been cleared after paying duty under Section 3A. Consequently, the Tribunal held that the impugned order was unsustainable and set it aside, thereby allowing the appeal filed by the Revenue.

In conclusion, the Tribunal's decision emphasized the strict interpretation of the Notification criteria for duty exemption, requiring clear evidence of payment of excise duty under Section 3A on the specified goods for the benefit to be extended to waste and scrap generated during their production. The case highlighted the importance of meeting all the specified conditions outlined in such Notifications to avail of the associated benefits.