2009 (1) TMI 893 - AT - Central Excise

Summary

Issues involved: Determination of liability for payment of differential duty on excess DTA sales exceeding prescribed limit and applicability of duty on inputs after discharge on finished products.

Issue 1: Liability for payment of differential duty on excess DTA sales
The appellant's company engaged in manufacturing recycled metal scrap made DTA sales exceeding the 50% limit prescribed under exemption Notification No. 2/95-C.E. Consequently, differential duty and interest were paid on the excess DTA clearance value of &8377; 1,52,659, resulting in full excise duty payment equal to aggregate customs duties (Proviso to Section 3 of the Central Excise Act).

Issue 2: Applicability of duty on inputs after discharge on finished products
The Original Adjudicating Authority confirmed a demand of Customs duty forgone on imported materials (wire scrap) used in manufacturing DTA clearance exceeding the permissible limit. However, the Commissioner (Appeals) set aside this order, citing the Tribunal's decision in Sarala Polyester Ltd. v. Commissioner of Central Excise, Surat-II, which established that once duty is paid on finished products, there is no requirement to demand duty on inputs.

Conclusion:
The Commissioner (Appeals) decision, supported by Tribunal precedent, determined that duty payment on finished products eliminates the need for additional duty on inputs. The appeal filed by the Revenue was deemed meritless and rejected accordingly.