2013 (11) TMI 1191 - AT - Central Excise

Waiver of Pre-deposit Interest under Rule 14 CC Rules 2004 r.w. Section 11AB of CE Act 1944 Held that Following Tata Metaliks Ltd. vs. CCE, Pune-II 2010 (1) TMI 1065 - CESTAT MUMBAI -The Applicant are using iron-ore as a raw material - The iron-ore is an non-excisable commodity - They manufacture Sponge Iron which is a dutiable commodity, and during the course of manufacture of Sponge Iron, iron-ore fines emerge - Such iron-ore fines have been held to be non-excisable commodities, inasmuch as no manufacturing process is involved and the said iron-ore fine emerges as a waste product during the process of manufacturing the Sponge Iron - Prima facie the Applicant is able to make out a case for total waiver of pre-deposit of the due stay granted.

Summary

Issues:
- Application for waiver of pre-deposit under CENVAT Credit Rules, 2004
- Classification of iron-ore fines as manufactured or non-excisable products
- Interpretation of Rule 6(3)(b) of CENVAT Credit Rules, 2004

Analysis:
The judgment by the Appellate Tribunal CESTAT KOLKATA involved an Application seeking waiver of pre-deposit under Rule 14 of the CENVAT Credit Rules, 2004, along with interest and penalty. The Applicant, a manufacturer of Sponge Iron using iron-ore as raw material, faced proceedings as the iron-ore fines emerging during production were considered manufactured items cleared at nil duty rate. The Advocate for the Applicant argued that iron-ore fines were waste products, not subject to excise duty, citing precedents like Tata Metaliks Ltd. vs. CCE, Pune-II and CCE, Raipur vs. Seleno Steels Ltd., where similar demands were rejected.

The Revenue, represented by the AR, supported the Commissioner (Appeals) findings. The Tribunal, after hearing both sides and examining the records, concluded that iron-ore fines arising during Sponge Iron manufacture were non-excisable commodities, being waste products without a manufacturing process. Citing the judgments in Tata Metaliks Ltd. and Seleno Steels Ltd., the Tribunal found in favor of the Applicant, allowing a total waiver of predeposit and staying recovery during the appeal process. This decision was based on the prima facie case made by the Applicant regarding the nature of iron-ore fines and their non-excisable status, as established by previous legal precedents.

In summary, the judgment clarified the classification of iron-ore fines as non-excisable waste products, thereby supporting the Applicant's plea for waiver of pre-deposit under the CENVAT Credit Rules, 2004. The decision was grounded in the interpretation of Rule 6(3)(b) and previous tribunal rulings, emphasizing the non-manufactured nature of the fines arising during Sponge Iron production.