1983 (12) TMI 291 - AT - Central Excise

Summary

Issues involved: Interpretation of Rule 56A of Central Excise Rules, 1944 regarding demand of duty on waste recycled as raw material for manufacture of Aluminium Extruded shapes and sections.

Summary:
The question for decision in this appeal was whether the demand of duty for the period 1-11-1980 to 28-2-1981 on waste recycled as raw material for manufacture of Aluminium Extruded shapes and sections by the appellants, who followed Rule 56A procedure, was justified. The lower authorities upheld the demand stating that recycling of waste was removal for the purpose of Rule 56A(3)(iv). The appellants argued that the demand was not justified as scrap and waste were not included in Tariff Item 27 before 1-3-1981. The respondent contended that waste and scrap incurred excisability liability as soon as they arose in the manufacturing process of finished product Aluminium Extrusions.

The Tribunal disagreed with the reasoning of the lower authorities and the respondent. It was noted that the newly added explanations to Rules 9 and 49 were for the purposes of those rules only and could not be used to interpret the meaning of "removed" in Rule 56A(3)(iv)(a). The Tribunal also rejected the argument that scrap and waste became liable to duty as soon as they arose during the manufacturing process. It was emphasized that the provision regarding waste could only be attracted when there was removal from the factory in accordance with Rule 56A.

In conclusion, the Tribunal allowed the appeal and set aside the demand, finding that the lower authorities were in error in holding that recycling of waste as raw material for the same end product in the same factory amounted to removal within the meaning of Rule 56A(3)(iv)(a) or for the purpose relying on the newly added explanations to Rules 9 and 49.