2008 (10) TMI 459 - AT - Central Excise

Summary

Issues:
1. Whether waste and scrap of capital goods/inputs are liable to excise duty.
2. Whether wear and tear and dismantling of inputs/capital goods entail emergence of a new product.
3. Whether duty, interest, and penalty imposed on the appellant are sustainable.

Analysis:
1. The impugned order rejected an appeal by M/s. Chemplast Sanmar Ltd., Plant-I, sustaining the original authority's decision to demand duty and penalty on waste and scrap of capital goods/inputs cleared by the appellant. The Commissioner held that waste and scrap arising from processing of inputs were liable to excise duty, along with interest under Section 11AB, due to non-payment of duty and non-compliance with central excise formalities.

2. The appellant argued that waste and scrap of Cenvat credit availed inputs/capital goods were not final products as defined in Rule 2(e) of CCR, 02, and should not be considered manufactured goods. The appellant cited case law to support the claim that duty was not payable on waste and scrap resulting from worn-out parts or dismantling of capital goods. The Tribunal found that dismantled machinery or worn-out inputs do not transform into manufactured goods, contrary to the original authority's decision.

3. After reviewing the case records and submissions, the Tribunal concluded that the goods in question were not manufactured products subject to duty. The Tribunal relied on the case law cited by the appellant to support its decision that worn-out machinery or inputs cleared as scrap should not be classified as manufactured goods. Additionally, a previous decision by the Tribunal in favor of the same appellant for a similar case further supported the appellant's position. Consequently, the Tribunal set aside the impugned order, ruling in favor of the appellant and declaring the demand of duty, interest, and penalty as unsustainable.