2016 (4) TMI 1185 - AT - Central Excise

Cenvat credit - Rule 3(5A) of CCR - Penalty - Rule 15(2) of CCR - Held that - I find that the ld. Commissioner have without any sanction of law arbitrarily held the champering machine at the time of the sale was not in scrap/waste condition. In absence of any ground-rules under the statute, the Revenue has to accept the treatment of the machinery by the assessee. Even by Rule of thumb, I find that the sale value is ₹ 41,000/- which is approximately 2% of the acquisition price of the machine. Thus, by Rule of thumb, it is definitely disposed of as waste and scrap - Appeal allowed.

Summary

Issues:
- Whether duty is payable on the disposal of machinery under Rule 3(5) or Rule 3(5A) of CCR?
- Whether the appellant's treatment of the machinery as waste and scrap affects the duty liability?
- Whether the penalty imposed under Rule 15(2) of CCR read with Section 11AC of the Act is justified?

Analysis:
1. The primary issue in this appeal revolves around the duty liability on the disposal of machinery. The appellant acquired a squaring and champering machine and subsequently disposed of it after using it for 24 quarters. The dispute arises regarding the duty calculation under Rule 3(5) read with Rule 3(5A) of CCR. The appellant argued that the machinery was treated as waste and scrap, thus duty should be levied based on the transaction value under Rule 3(5A) instead of Rule 3(5. The Commissioner confirmed duty on the machine, considering the usage period and reduced value.

2. The appellant contended that the machinery was sold as scrap, and the duty was paid accordingly. The Tribunal analyzed the treatment of the machinery by the appellant and found that the sale value of the machine was minimal compared to its acquisition price, indicating it was disposed of as waste and scrap. The Tribunal held that in the absence of specific statutory provisions, the Revenue must accept the assessee's treatment of the machinery. Consequently, the appeal was allowed, setting aside the duty and penalty imposed on the disposal of the champering machine.

3. Regarding the penalty imposed under Rule 15(2) of CCR read with Section 11AC of the Act, the Tribunal did not find any contumacious conduct or concealment on the part of the appellant. The demand for penalty was considered arbitrary, and the Tribunal ruled in favor of the appellant, providing consequential benefits in accordance with the law.

In conclusion, the Tribunal allowed the appeal, ruling that the duty liability on the disposal of the machinery should be based on the treatment of the machinery as waste and scrap by the appellant. The penalty imposed was deemed unjustified, and consequential benefits were granted to the appellant.