2016 (11) TMI 1283 - AT - Central Excise

Manufacture excisibility of waste, scrap and parings of paper and paperboard arising during manufacture of empty boxes with use that paper and paperboard - Held that - We find that the appellant is not engaged in the manufacture of any paper or paper board. These items were their inputs procured after payment of Cenvat Credit duty. These inputs were put to intended use in appellant s factory. In such a situation this is not tenable to hold that appellant was engaged in the manufacture of waste and scrap of paper. We note the similar dispute was before the Tribunal in the case of WIMCO Ltd. vs CCE Lucknow 2008 (7) TMI 108 - CESTAT NEW DELHI , where it was held that These scrap/waste/paring also cannot be considered as intermediate product or by product during the course of manufacture of any excisable goods - scrap of paper cannot be considered as a product different from the paper - Mere mentioning in the tariff is not sufficient to attract excise levy. Appeal allowed - decided in favor of appellant-assessee.

Summary

Issues:
- Demand of duty on scrap of paper under heading 4707 as waste and scrap of paper or paper board.
- Imposition of penalty on the appellant.

Analysis:
1. The appeal challenged the order of the Commissioner (A) Indore dated 29.09.2009, where the appellant, engaged in the manufacture of dry battery cell liable to central excise duty, was demanded duty on scrap of paper under heading 4707 as waste and scrap of paper or paper board. The appellant availed Cenvat Credit of duty paid on inputs, capital goods, and services. The revenue imposed an equal amount of penalty on the appellant, which was confirmed by the Original Authority and the first Appellate Authority.

2. The Tribunal analyzed the case and found that the appellant was not involved in the manufacture of paper or paper board but was a consumer of these materials purchased with duty paid. The waste and scrap generated during the production process were cleared for a consideration. Citing a similar case of WIMCO Ltd. vs. CCE Lucknow, the Tribunal emphasized that the intention of the appellant was to minimize waste, not to produce scrap as a separate product. The waste, scrap, and parings could not be considered as intermediate or byproducts during the manufacturing process, as no new product emerged. The Tribunal concluded that the scrap of paper could not be regarded as a different product from paper, and the waste from paperboard was not distinct from paperboard.

3. Relying on the precedent set by the WIMCO case, the Tribunal held that the impugned order demanding duty on the scrap of paper was unjustified. Consequently, the Tribunal set aside the order and allowed the appeal in favor of the appellant.

In conclusion, the Tribunal's decision in this case clarifies the distinction between waste generated during the manufacturing process and the production of separate products. The judgment emphasizes that waste and scrap cannot be considered as dutiable goods if they do not result in the creation of a new product distinct from the original materials used in the manufacturing process.