2015 (8) TMI 1316 - AT - Central Excise

Demand and imposition of penalties - refuse arises during the course of undertaking the activity of cutting of tobacco leaves in the factory which was captively used - whether the benefit of captive consumption exemption notification can be extended to that quantity of tobacco which has gone into refuse which attracts NIL rate of duty - Held that - an identical issue came up before the Tribunal in the appellants own case reported in 2015 (2) TMI 307 - CESTAT BANGALORE wherein it was held that just because appellant cleared tobacco refuse without payment of duty, cut tobacco which forms part of such refuse cannot be levied to central excise duty. Therefore, by following the same, the present impugned order is set aside. - Decided in favour of appellant with consequential relief

Summary

Issues:
Interpretation of duty exemption notification for intermediate goods used in final product manufacturing, treatment of refuse arising during manufacturing process, applicability of duty on cut tobacco forming part of refuse.

Analysis:
The case involved a dispute regarding the treatment of refuse arising during the cutting of tobacco leaves in a factory engaged in cigarette manufacturing. The Revenue contended that the cut tobacco forming part of the refuse attracted NIL rate of duty, thus challenging the benefit of captive consumption exemption notification. However, the Tribunal referred to a previous decision in the appellant's own case where it was established that tobacco refuse cannot be considered a final product but rather a by-product. The Tribunal emphasized that the appellant was a manufacturer of cigarettes and cut tobacco, not tobacco refuse. Citing precedents, including a decision of the Hon'ble High Court of Bombay, the Tribunal concluded that tobacco refuse is not a final product. Therefore, the provisions exempting inputs used in the manufacture of final products did not apply to the case at hand. Consequently, the demands, interest, and penalties imposed by the Revenue were deemed unsustainable, leading to the setting aside of all impugned orders and allowing the appeals filed by the appellants with consequential relief.

The Tribunal's decision in the appellant's own case was crucial in resolving the disputed issue. The learned A.R. for the Respondent agreed that the previous Tribunal decision covered the matter at hand. By following the precedent set in the appellant's case, the impugned order was set aside, and the appeal was allowed with consequential relief for the appellant. The judgment highlighted the distinction between manufacturing activities involving cut tobacco for cigarettes and the treatment of refuse as a by-product, emphasizing that duty exemption provisions did not extend to the refuse arising during the manufacturing process. The decision rested on the interpretation of duty exemption notifications, the classification of tobacco refuse as a by-product, and the applicability of duty on cut tobacco forming part of the refuse. Ultimately, the Tribunal's analysis and reliance on established legal principles and precedents led to the allowance of the appeals and the rejection of the Revenue's claims against the appellants.