2013 (2) TMI 361 - AT - Central Excise

Demand of duty - treating the waste and scrap cleared by the applicants is of capital goods - assessee seeking waiver of predeposit, interest and penalty - Held that - Applicants availed credit on the capital goods and cleared the waste and scrap of such capital goods. Keeping this in view it is not a fit case for total waiver of duty. The applicants are directed to deposit total amount of Rs.4.5 lakhs within a period of eight weeks. On deposit of the aforesaid amount, pre-deposit of the remaining dues is waived and recovery thereof is stayed during the pendency of the appeals.

Summary

Issues:
Waiver of pre-deposit of duty, interest, and penalty under Cenvat Credit Rules, 2004 for the clearance of waste and scrap of capital goods without payment of duty.

Analysis:
The judgment by the Appellate Tribunal CESTAT MUMBAI involved multiple applications seeking waiver of dues totaling approximately Rs. 18 lakhs for the clearance of waste and scrap of capital goods without payment of duty. The applicants, engaged in cement manufacturing, availed credit of duty paid on capital goods under the Cenvat Credit Rules, 2004. The Revenue contended that as per Rule 3(5A) of the Cenvat Credit Rules, if capital goods are cleared as waste and scrap, the manufacturer must pay duty leviable on the transaction value, irrespective of the issue of manufacture and classification. The applicants argued that the demand was unsustainable as the lower authority did not address the issue of classification of waste and scrap as manufactured excisable goods.

The Tribunal noted that the applicants had indeed availed credit on capital goods and cleared waste and scrap of such goods. While considering the facts and circumstances of the case, the Tribunal found that it was not a suitable case for a total waiver of duty. Consequently, the applicants were directed to deposit a total amount of Rs. 4.5 lakhs within eight weeks. Upon this deposit, the pre-deposit of the remaining dues was waived, and the recovery thereof was stayed during the pendency of the appeals. The compliance with the deposit was required to be reported by a specified date.

In conclusion, the judgment addressed the issue of waiver of pre-deposit of duty, interest, and penalty under the Cenvat Credit Rules, 2004 for the clearance of waste and scrap of capital goods without payment of duty. The Tribunal balanced the interests of the applicants and the Revenue by directing a partial deposit while waiving the remaining dues, pending the appeals process.