2010 (3) TMI 954 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit and stay of recovery in relation to duty and penalty demands.
2. Excisability of Zinc Dross as per the amendments in Chapter 79 of the CETA Schedule.

Analysis:
1. The appellant sought waiver of pre-deposit and stay of recovery concerning duty and penalty demands amounting to over Rs. 2.8 Crores and Rs. 1.3 Crores for two manufacturing units for the period December '06 to November '07. The duty demand was on Zinc Dross generated during galvanization of steel sheets. The appellant argued that Zinc Dross was not excisable, citing a Supreme Court judgment in Collector of Central Excise, Patna v. Tata Iron & Steel Co. Ltd. The learned Counsel contended that the said commodity was not excisable at all.

2. The respondent, represented by the learned Jt. CDR, argued that the amendments made to Chapter 79 of the CETA Schedule in 2005 made Zinc scrap excisable, pointing to ISRI code conformity. The Jt. CDR presented print-outs from the Institute of Scrap Recycling Industries website to support this claim. However, after reviewing the submissions, the Tribunal was not persuaded by the respondent's arguments. The Tribunal noted that the Supreme Court had previously held Zinc Dross to be a waste material or refuse, hence non-excisable. Although the amendments in 2005 were mentioned, it was not demonstrated that they would alter the apex court's judgment on Zinc Dross. The Tribunal found that the appellant had prima facie established a strong case against the duty demand on Zinc Dross, leading to the decision to grant waiver of pre-deposit and stay of recovery for duty and penalty amounts.

This detailed analysis highlights the key arguments presented by both parties regarding the excisability of Zinc Dross and the Tribunal's decision to grant the appellant's request for waiver and stay of recovery based on the interpretation of relevant legal precedents and amendments to the CETA Schedule.