1983 (11) TMI 301 - AT - Central Excise

Summary

Issues: Classification of pencil slats, sawn timber, and saw dust under Central Excise Tariff; Duty liability on pencil slats based on the number of workers in the factory; Whether sawn timber and saw dust are considered 'goods' and liable for duty under Item 68 of the Tariff.

In this case, the appellants manufactured pencil slats from log wood, and the lower authorities classified pencil slats, sawn timber, and saw dust under Item 68 of the Central Excise Tariff, directing duty payment for the period 1975-76 and 1976-77. The appellants sought two reliefs: first, claiming no duty liability on pencil slats for a specific period based on the number of workers in the factory, citing exemption Notification No. 54/75-C.E.; second, contending that sawn timber and saw dust were process waste arising incidentally during pencil slats' manufacture and not considered 'goods' subject to duty. They relied on Supreme Court judgments and other authorities to support their argument that excise duty applies when a new article emerges with distinct characteristics. The Department's representative agreed with the appellants regarding the worker count exemption for pencil slats, emphasizing the notification's wording based on actual months, not financial years.

The Tribunal directed reevaluation of duty liability for pencil slats, clarifying that if the worker count did not exceed 49 during the specified period, no duty was applicable. Regarding sawn timber and saw dust, the appellants claimed these were burnt in the factory and were incidental by-products not subject to duty. However, the Department's representative highlighted the sale of sawn timber and saw dust to outside parties, arguing that these items were different from log wood and constituted 'goods' liable for duty. The Tribunal agreed with the appellants that sawn timber was not a new article distinct from log wood, thus not subject to duty. However, it held that saw dust, with distinct uses beyond burning as fuel, qualified as a separate article under the Tariff and was liable for duty. The Tribunal directed recalculating duty liability on saw dust, considering the benefit of exemption Notification No. 118/75-C.E. for the quantity consumed within the factory during the relevant period.

In conclusion, the Tribunal disposed of the appeal, affirming duty liability on saw dust but exempting sawn timber from duty payment based on the classification and characteristics of the respective items as per the Central Excise Tariff.