2014 (1) TMI 1785 - AT - Central Excise

Levy of duty - Some of the corrugated boxes which were damaged during the process of packing of the final products were cleared as scrap without payment of duty during the period from April 2004 to February 2005 - whether duty can be demanded on these damaged boxes - Held that - In any case the duty on inputs damaged during the process of manufacture cannot be demanded since it is nobody s case that the same are products manufactured by the appellant - appeal allowed - decided in favor of appellant.

Summary

Issues:
- Whether duty can be demanded on waste corrugated boxes cleared as scrap without payment of duty?
- Applicability of the decision in the case of VVF Ltd. regarding demand on waste paper and plastic.
- Relevance of decisions in cases of Appollo Tyres Ltd. and Viral Laminates Ltd. to the present case.
- Whether duty on damaged inputs during the manufacturing process can be demanded.

Analysis:
1. The appellant, engaged in manufacturing aerated waters, cleared damaged corrugated boxes as scrap without paying duty from April 2004 to February 2005. Subsequently, proceedings were initiated to demand duty on the transaction value when the boxes were sold as waste, resulting in a demand of &8377;5,907/- with interest and penalty imposed.

2. The appellant's counsel relied on the decision in the case of VVF Ltd., arguing that no duty can be demanded on waste paper and plastic generated during the packing of soaps. The counsel contended that this decision is applicable to the present case, highlighting that the decisions relied upon by the lower authority are not relevant.

3. The Tribunal found the decision in the case of VVF Ltd. applicable to the present case, emphasizing that waste material arising during the manufacturing process and sold in the market does not automatically become excisable. The Tribunal noted that the basic criteria of manufacture are not met when waste arises during the manufacturing process.

4. Upon reviewing the decisions cited by the Revenue in the cases of Appollo Tyres Ltd. and Viral Laminates Ltd., the Tribunal concluded that the issues in those cases were different and their ratios cannot be applied to the present case, further supporting the appellant's position.

5. The Tribunal reiterated that duty on inputs damaged during the manufacturing process cannot be demanded unless they are products manufactured by the appellant. Consequently, the impugned order was deemed to have no merit and was not sustainable, leading to the allowance of the appeal with any consequential relief for the appellant.