2009 (5) TMI 781 - AT - Central Excise

Summary

Issues:
Waiver of pre-deposit of tax and interest u/s 11AB on scrap received from job worker.

Analysis:
The case involved a stay petition against the waiver of pre-deposit of tax and interest amounts. The appellant company purchased steel, which was dispatched to a job worker. The job worker then used the steel to manufacture stampings for the appellant and sent back the stampings along with scrap generated during the manufacturing process. The Department objected to the credit availed on the scrap received from the job worker. The consultant for the appellant clarified that the duty liability on the scrap was discharged at a transaction value higher than the credit availed, indicating that the credit was reversed when the scrap was removed on payment of duty. The Tribunal found that demanding only the amount of credit taken would be incorrect in law, as the manufacturer removed the scrap on payment of duty not less than the credit availed. Therefore, a prima facie case for the waiver of pre-deposit of the amounts was established. The Tribunal allowed the application for waiver of pre-deposit and stayed the recovery until the appeal's disposal.

This judgment highlights the importance of considering the actual duty liability on scrap received from a job worker and the corresponding duty paid when the scrap is removed. It emphasizes that the duty paid on the scrap should not be less than the credit availed, and demanding only the credit amount would be legally incorrect. The decision provides clarity on the treatment of duty paid on scrap in such transactions and sets a precedent for cases involving similar issues. The Tribunal's analysis showcases a balanced approach to interpreting the relevant legal provisions and ensuring fair treatment for the appellant in this case.