2017 (6) TMI 423 - AT - Central Excise

Sale of rejected slag - According to the Revenue, while clearing the rejected slag, they were showing less clearance value and paying less duty on that, and the reversal/payment of duty was not equal to the credit availed by them - Held that - it is clear that the oversized screened slag is a waste material during the manufacturing process of Portland Slag Cement - the Hon ble Supreme Court in the case of Collector of Central Excise v. Rajasthan State Chemical Works 1991 (9) TMI 73 - SUPREME COURT OF INDIA held that process in manufacture or in relation to manufacture implies not only the production but also the various stages on which the raw material is subjected to change by different operations. Therefore, each step towards such production would be a process in relation to the manufacture. The Adjudicating Authority dropped the proceedings on the basis of the verification report of the Range Superintendent by letter dated 11.03.2010 - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Alleged underpayment of duty on rejected slag by the appellant.
2. Validity of the Show Cause Notice issued by the Revenue.
3. Decision of the Adjudicating Authority to drop the proceedings.
4. Appeal filed by the Revenue before the Commissioner(Appeals).
5. Impugned order of the Commissioner(Appeals) confirming duty demand, interest, and penalty.
6. Grounds for the appellant's appeal against the Commissioner(Appeals) order.

Analysis:

1. Alleged underpayment of duty on rejected slag:
The appellant, engaged in cement manufacturing, received duty paid raw-material, granulated slag. Revenue alleged underpayment of duty on the rejected slag cleared by the appellant. The dispute arose as the Revenue claimed that the clearance value and duty payment for the rejected slag were less than what was owed. This led to the issuance of a Show Cause Notice demanding differential duty, interest, and penalty.

2. Validity of Show Cause Notice:
The Adjudicating Authority initially dropped the proceedings, but the Revenue appealed before the Commissioner(Appeals). The Commissioner(Appeals) set aside the Adjudication order, confirming the duty demand, interest, and penalty. The appellant challenged this decision, leading to the appeals.

3. Decision of the Adjudicating Authority:
On a previous occasion, the Commissioner(Appeals) had remanded the matter for verification of the manufacturing process and the emergence of rejects. The Adjudicating Authority, based on the verification report obtained, dropped the proceedings. The report highlighted the waste slag generated during the cement manufacturing process, clarifying the nature of the rejected material.

4. Appeal filed by the Revenue:
The Committee of Commissioners accepted the earlier order of the Commissioner(Appeals). The report confirmed that the oversized screened slag constituted waste material in the manufacturing process of Portland Slag Cement. The Commissioner(Appeals) did not dispute the report's authenticity, leading to the restoration and upholding of the Adjudicating Authority's order.

5. Impugned order of the Commissioner(Appeals):
The Commissioner(Appeals) decision was set aside as the report confirmed the waste nature of the rejected material. The judgment referenced the Supreme Court's stance on processes related to manufacturing, emphasizing the different stages involved in production.

6. Grounds for the appellant's appeal:
The appellant's appeal was allowed, overturning the Commissioner(Appeals) decision. The judgment concluded by restoring the Adjudicating Authority's order and setting aside the Commissioner(Appeals) ruling, thereby favoring the appellant.

This detailed analysis covers the issues, decisions, and key aspects of the legal judgment, providing a comprehensive understanding of the case.