2015 (10) TMI 1262 - AT - Central Excise

Excisability of product - whether the paper scrap and BOPP film scrap arising during the course of manufacturing of cigarettes can be held to be excisable or not - Held that - Even though the said scrap is being sold by the appellant but the same cannot be held to be excisable and hence dutiable - issue stands covered by the decision in M/s. VST Industries Ltd. Vs. CCE, Hyderabad-II - Impugned order set aside - Decided in favour of assessee.

Summary

Issues:
Whether paper scrap and BOPP film scrap arising during the manufacturing of cigarettes can be held as excisable or not.

Analysis:
The judgment by the Appellate Tribunal CESTAT Bangalore, delivered by Smt. Archana Wadhwa and Shri Ashok Kumar Arya, addressed the issue of whether paper scrap and BOPP film scrap from cigarette manufacturing are excisable. The Tribunal referred to a previous decision in M/s. VST Industries Ltd. Vs. CCE, Hyderabad-II, where it was held that such scrap, although sold by the appellant, cannot be considered excisable and hence not dutiable. The Tribunal cited precedents like Magnum Ventures Vs. Commissioner of Central Excise, Ghaziabad and Wimco Ltd. Vs. CCE, Lucknow, which established that scrap arising from packing materials does not amount to manufacturing waste subject to duty. The judgment also referenced Commissioner of Central Excise, Kolkata-VI vs. ITC Limited, where waste paper from cigarette manufacturing was deemed non-dutiable despite having market value. The Tribunal found the facts of the present case akin to the ITC Ltd. decision and, accordingly, set aside the impugned orders and allowed both appeals, granting relief to the appellant.

The learned advocate for the appellant relied on Tribunal decisions and legal precedents to argue that the paper scrap and BOPP film scrap from cigarette manufacturing should not be considered excisable. The Tribunal concurred with this argument, emphasizing that the scrap, even if sold, does not attract excise duty. The Tribunal's decision was based on the principle that waste materials from the manufacturing process, such as packing materials, do not constitute dutiable goods. The Tribunal's analysis highlighted the consistency in previous rulings regarding similar cases, reinforcing the conclusion that the scrap in question should not be subject to excise duty. The Revenue representative also acknowledged that the issue was settled by the aforementioned decision, further supporting the Tribunal's findings.

In conclusion, the Appellate Tribunal CESTAT Bangalore, under the leadership of Smt. Archana Wadhwa and Shri Ashok Kumar Arya, delivered a judgment resolving the issue of the excisability of paper scrap and BOPP film scrap from cigarette manufacturing. The Tribunal's decision, based on legal precedents and consistent interpretations, established that such scrap materials do not fall under the purview of excisable goods, thus relieving the appellant from duty liability. The judgment provided clarity on the treatment of waste materials generated during manufacturing processes, ensuring a fair and lawful application of excise regulations in line with established legal principles.