2010 (2) TMI 1263 - AT - Central Excise

Summary

Issues involved: Duty liability on scrap generated in job worker's premises retained by job worker.

Summary:
The issue in this case pertains to the duty liability on scrap generated in a job worker's premises and retained by the job worker. The Revenue contended that the respondent is liable to pay duty on such scrap under Rule 5(a) read with Rule 4 of Cenvat Credit Rules, 2004. The Adjudicating Authority confirmed the demand, penalties, and interest, which was set aside by the learned Commissioner (Appeals) in the impugned order. The Revenue appealed against this decision.

The Revenue argued that the duty liability on the scrap generated at the job worker's end must be discharged, citing previous Tribunal decisions. On the other hand, the respondent maintained that the scrap generated at the job worker's end was never returned to them, and it was unclear if the job worker had discharged the duty liability on the clearance of such scrap.

After considering the submissions from both sides and examining the records, it was found that the scrap generated at the job worker's premises, on materials sent by the respondent, was not returned to the respondent's factory. Therefore, the duty liability on such scrap could not be imposed on the respondent. The decision in the case of Alucast Foundries Pvt. Ltd. was cited to support this conclusion.

The judgment highlighted that when waste and scrap are generated at job workers' premises through job workers on inputs supplied by the appellants, the duty liability is to be fastened on the job workers, not on the suppliers of the raw material. The decision in the case of M/s. Emco Ltd. was also referenced to support this view. Consequently, the order of the learned Commissioner (Appeals) was deemed correct and legal, and the appeal filed by the Revenue was rejected.