2013 (12) TMI 674 - AT - Central Excise

Cinders as Residue emerges from the manufacture - Sold in the open market Waiver of Pre-deposit Held that - The meaning of excisable goods has changed by amendment in law, the Tribunal should look into the new legal provision, in which case the product is excisable - The amendment made in Section 2(d) will not have the effect of changing Following Union of India Vs Ahmedabad Electricity Co. Ltd. 2003 (10) TMI 47 - SUPREME COURT OF INDIA - Pre-deposit waived till the disposal Stay granted.

Summary

Issues:
1. Whether cinders produced during the manufacturing process of refractory bricks are exigible to excise duty post an amendment to the definition of "excisable goods" in May 2008.

Analysis:
The case involved the question of the dutiability of cinders, a residue produced during the manufacturing of refractory bricks using coal as fuel. The Supreme Court had previously ruled in Union of India Vs Ahmedabad Electricity Co. Ltd. that cinder is not subject to excise duty. However, a subsequent amendment in May 2008 expanded the definition of "excisable goods" to include any article capable of being bought and sold for consideration. The Revenue contended that this change made cinders dutiable, leading to a show-cause notice and a demand for payment of duty, interest, and penalty for a specific period.

The applicant argued that the 2008 amendment only affected the definition of "excisable goods" concerning marketability, and since the issue of whether cinders constitute a manufactured product had already been settled by the Supreme Court, the case could not be reopened solely based on the expanded meaning of marketability. On the other hand, the Revenue asserted that cinder, being a by-product regularly arising in the manufacturing process and sold in the market, now fell under the purview of excisable goods due to the legal amendment.

Upon considering the arguments presented, the Tribunal, comprising P K Das and Mathew John, JJ., opined that the 2008 amendment to Section 2(d) did not alter the Supreme Court's ruling in the Ahmedabad Electricity Co. Ltd. case. The Tribunal held that the change in the definition of "excisable goods" did not impact the previous determination that cinders were not exigible to excise duty. Consequently, the Tribunal waived the pre-deposit of dues as per the impugned order and stayed the collection of the amount during the pendency of the appeal, indicating a favorable stance towards the appellant's position. The judgment was pronounced in open court by Mathew John, J., and reflected a nuanced interpretation of the legal provisions and precedents involved in the case.