2017 (5) TMI 1449 - AT - Central Excise

Waste/residue - Dutiability - the recovered oil sold by the appellant - fatty acid - N/N. 89/95-CE dated 18/05/1995 - Revenue held the view that these are by products and cannot be considered as waste to be covered by the said notification - Held that - the two main products namely recovered oil and the tank sledge are not liable to Central Excise duty as they are either covered under exemption as waste product in terms of N/N. 89/95-CE or not arising out of manufacturing process as in the case of bottom sediments called tank sledge - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Interpretation of Notification 89/95-CE regarding duty liability on by-products arising during manufacturing process.
2. Classification of recovered oil and tank sledge as waste or by-products for exemption under the notification.
3. Applicability of Central Excise duty on recovered oil and tank sledge.

Analysis:
1. The appeal challenges the order of the Commissioner (Appeals) regarding duty liability on products emerging during the manufacturing process. The dispute revolves around whether certain products like recovered oil and tank sledge are considered waste or by-products under Notification 89/95-CE dated 18/05/1995.

2. The appellant argued that recovered oil should be classified as waste as it is not further processed and is sold in its current state. They contended that the recovered oil is full of impurities and should be considered waste, not a manufactured product like fatty acid. The Tribunal analyzed previous cases and determined that impurities in oil processing can be exempt under the notification.

3. The Tribunal found that the recovered oil and tank sledge are waste products arising during the refining process and should be exempt from Central Excise duty. They referenced cases where similar products were considered waste and not liable for duty. The Tribunal concluded that the recovered oil and tank sledge do not attract excise duty as they fall under the exemption for waste products specified in Notification 89/95-CE.

4. Based on the analysis, the Tribunal set aside the duty liability imposed on the appellant for recovered oil and tank sledge, ruling in favor of the appellant. The judgment highlights the distinction between waste products and by-products in the context of Central Excise duty liability, providing clarity on the interpretation of Notification 89/95-CE for products emerging during the manufacturing process.