2013 (11) TMI 231 - AT - Central Excise

Product Manufactured OR not Applicability of Rule 6(3)(b) of CC Rules Waiver of Pre-deposit - Held that - Demand to the extent of Rs. 2.05 lakhs may only be within time, if at all liability arises and, balance shall be time barred - there was substantial reduction of duty demand in appeal - part of the demand is time biased there shall be waiver of pre-deposit in all the stay applications stay granted.

Summary

Issues:
1. Whether Dolachar generated in the course of manufacture is considered as manufacture itself.
2. Interpretation of the definition of manufacture under section 2(f) of the Central Excise Act, 1944.
3. Determining whether Dolachar produced after a specific date is classified as a different product and subject to duty.
4. Applicability of Rule 6(3)(b) of Cenvat Credit Rules, 2004 in relation to the goods manufactured.
5. Consideration of the reduction in duty demand during the appellate stage for multiple stay applications.

Analysis:
1. The primary contention revolved around whether Dolachar, generated during the manufacturing process and utilized for electricity generation, constitutes a separate manufacturing activity. The appellant argued that as Dolachar was not manufactured, no duty should be imposed. Conversely, the Revenue emphasized that the definition of manufacture in section 2(f) of the Central Excise Act, 1944 encompasses the outcomes of manufacturing, making them dutiable.

2. The conflicting arguments raised the question of whether Dolachar produced post a specific date should be classified as a distinct product, warranting duty imposition. Additionally, the application of Rule 6(3)(b) of the Cenvat Credit Rules, 2004 concerning the use of grease and mobil in the manufacturing process was deliberated. The reduction in duty demands from the original order to the appellate stage was also highlighted, indicating a significant decrease in the liabilities.

3. Detailed figures from various stay applications showcased the initial demands raised, subsequent reductions during the first appellate stage, and the portions considered within the time limit for liability. The plea for a waiver of pre-deposit in all four stay applications until a specified date or until the disposal of appeals, considering the legal complexities and the substantial reduction in duty demands, was a crucial aspect of the judgment.

This comprehensive analysis encapsulates the key issues addressed in the legal judgment, highlighting the arguments presented by both parties and the subsequent considerations made by the tribunal in reaching a decision.