2013 (11) TMI 1149 - AT - Central Excise

Duty to be paid on waste and scrap as per Rule 3 (5A) of Cenvat credit rules Waiver of pre-deposit Held that - The applicant used duty paid input, input sierra credit etc., in the manufacture of POP moulds, which was captively used in the manufacture of final product - POP moulds cannot be treated as duty paid capital goods - Prima facie, Rule 3(5A) of CENVAT Credit Rules, 2004 would not apply - the pre-deposit of the entire amount of duty interest and penalty waived and recovery stayed till the disposal Stay granted.

Summary

Issues:
- Duty liability on clearance of used/scrap Plaster of Paris Moulds without payment during a specific period.
- Applicability of Rule 3(5A) of CENVAT Credit Rules.
- Claim of exemption under Notification No.67/95-CE.
- Interpretation of whether waste and scrap of POP moulds attract duty.
- Comparison with previous Tribunal decisions in similar cases.

Analysis:
The judgment revolves around the duty liability concerning the clearance of used/scrap Plaster of Paris (POP) Moulds without payment during a specified period. The applicant, engaged in manufacturing Sanitary Wares, faced a demand for duty amounting to Rs.1,00,753/- along with interest and penalty based on Rule 3(5A) of the CENVAT Credit Rules. The Adjudicating authority and Commissioner (Appeals) upheld the demand. The applicant claimed exemption under Notification No.67/95-CE, stating that the cleared goods were waste and scrap of POP moulds repeatedly used for captive consumption. The applicant relied on previous Tribunal decisions in their favor.

The crux of the issue lies in the interpretation of Rule 3(5A) of the CENVAT Credit Rules and whether waste and scrap of POP moulds attract duty liability. The Authorized Representative for the Revenue argued that the waste and scrap fall under the purview of the CETA and highlighted the identification of POP moulds after repeated use. However, the Tribunal found that the applicant used duty-paid inputs in manufacturing POP moulds for captive use in the final product, implying that POP moulds cannot be considered as duty-paid capital goods. The Tribunal referenced the applicant's previous stay order where no duty liability was established on similar grounds.

In light of the applicant's previous case decisions and the absence of duty liability in similar circumstances, the Tribunal waived the pre-deposit of duty, interest, and penalty, staying the recovery until the appeal's disposal. The judgment emphasizes the importance of consistent interpretation and application of rules in determining duty liability, especially concerning waste and scrap in manufacturing processes.