2011 (6) TMI 431 - AT - Central Excise

Waste and scrap generated out of capital goods - violation of Rule 4, 6, 8, 11 and 12 of the Central Excise Rules, 2002 on clearing waste and scrap arising from capital goods on which modvat credit has been taken - Held that - The goods are admitted to be waste and scrap sold by the respondents have arisen out of capital goods and the appellants claim was that such capital goods were procured prior to introduction of Modvat credit on capital goods. Since the original authority has chosen to confirm the demand treating the goods as excisable goods, clearly the order of the original authority was not sustainable. In view of the above, the order of the Commissioner (Appeals) setting aside the order of the original authority does not call for any interference - Decided against the Revenue.

Summary

Issues:
Appeal against order of Commissioner (Appeals) regarding clearance of waste and scrap of machinery parts, violation of Central Excise Rules, duty demand confirmation, interest recovery, penalty imposition, burden of proof on assessee, interpretation of scrap arising from capital goods, reliance on case law, classification of waste and scrap as excisable goods, sustainability of original authority's order.

Analysis:
The case involved an appeal by the department against the order of the Commissioner (Appeals) regarding the clearance of waste and scrap of machinery parts by the respondents. The department issued a show cause notice alleging violations of various Central Excise Rules related to the clearance of waste and scrap generated from capital goods. The original authority confirmed a duty demand, ordered interest recovery, and imposed a penalty under the Central Excise Act. The Commissioner (Appeals) set aside the original authority's order, leading to the department's appeal.

Upon hearing both sides, the Tribunal considered the submissions and records. The show cause notice invoked Central Excise Rules related to excisable goods manufactured by the assessee and alleged that waste and scrap arising from capital goods were cleared improperly. The respondents claimed that the waste and scrap originated from capital goods acquired prior to the introduction of Modvat credit on such goods. The original authority placed the burden of proof on the assessee, confirmed the duty demand, and imposed a penalty, treating the waste and scrap as excisable goods.

The Commissioner (Appeals) accepted the respondent's claim that the waste and scrap were not excisable goods but arose from capital goods without Modvat credit. The Tribunal noted the department's reliance on a specific case law but found that it did not support the department's view as it pertained to replaced parts in repair and maintenance, not waste and scrap sales. Since the waste and scrap in question were admitted to be from capital goods acquired before Modvat credit introduction, the original authority's classification of them as excisable goods was deemed unsustainable.

Consequently, the Tribunal rejected the department's appeal, upholding the Commissioner (Appeals)'s decision to set aside the original authority's order. The judgment highlighted the importance of correctly classifying waste and scrap arising from capital goods and the burden of proof on the assessee in such cases.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the arguments presented by both parties, the legal interpretations made by the Tribunal, and the final decision reached in the case.