2016 (12) TMI 1056 - AT - Central Excise

Clandestine removal - Wastage arising at the second stage in the manufacture of craft paper - whether appellants cleared finished excisable goods under the guise of loss shown in such waste? - Held that - the appellants produced certificate by Chartered Engineer and the Central Paper and Pulp Research Institute regarding the process of manufacture, there is no justification to the conclusion that the appellants cleared kraft paper in the guise of trimming waste without payment of duty - A charge of clandestine removal based solely on technical issue of waste arising at stage two cannot be made without any technical examination or corroboration. The original order did not give any reason to support the allegation of clandestine removal - appeal allowed - decided in favor of appellant-assessee.

Summary

Issues:
Validity of appellant's claim regarding waste arising at the second stage of manufacture of kraft paper.

Analysis:
The case involved two appeals against a common order of the Commissioner of Central Excise, Jaipur, concerning the manufacturing process of Kraft paper by the main appellant. The Revenue disputed the wastage shown in the appellant's second register, alleging that finished goods were being cleared under the guise of waste. The Original Authority held that the product emerging as Pope Reel was an excisable product itself, and no further loss was admissible. It was concluded that waste shown in the second register was actually goods cleared clandestinely, leading to the confirmation of Central Excise duty.

The appellants contended that the Original Authority failed to understand the manufacturing process of Kraft paper. They argued that the waste generated at the second stage was technically known as 'broke' and was re-fed into the system. The appellants emphasized that the waste was not cleared but used captively in the manufacturing process. The Tribunal noted that the issue revolved around the validity of the appellant's claim regarding waste at the second stage of Kraft paper manufacture. The appellants provided certificates from a Chartered Engineer and a research institute supporting their manufacturing process, highlighting that the trimming waste was not marketable and was re-fed for further processing.

After hearing both sides and examining the appeal records, the Tribunal found no factual or technical basis for the Original Authority's conclusion that waste at the second stage could not be allowed. The Tribunal highlighted the lack of evidence supporting the Revenue's allegation of clandestine removal based on waste arising at the second stage. It was emphasized that the trimming waste was not cleared but re-fed for further manufacturing. The Tribunal concluded that the demand was upheld without proper technical examination or corroboration, and the allegation of clandestine removal was not supported by the facts. Consequently, the impugned order was set aside, and the appeals were allowed.

In the final judgment pronounced on 24/11/2016, the Tribunal ruled in favor of the appellants, emphasizing the lack of grounds to sustain the allegation of clandestine removal based on the technical issue of waste arising at the second stage of Kraft paper manufacture.