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2017 (8) TMI 394 - AT - CustomsIntermediate product - untrimmed sheets and circles of Copper and Brass - benefit of N/N. 67/95 dated 16.03.1995 - whether untrimmed sheets/circles of Brass manufactured by the appellant are leviable to Central Excise Duty as it is an intermediate product arising in the course of manufacture of trimmed sheets/circles of Brass and waste Scrap of Brass attracting Nil rate duty being captively consumed and whether the same affects livability of duty on the said untrimmed Brass sheets? Held that - the Hon ble Supreme Court of India in the case of Commissioner of Central Excise, Jaipur v/s M/s Mewar Bartan Nirman Udyog 2008 (9) TMI 33 - SUPREME COURT has held that copper and brass are two different identifiable commodities. Therefore, the grounds raised by Revenue are not sustainable - benefit of notification allowed - appeal dismissed - decided against Revenue.
Issues involved:
1. Interpretation of Notification No.67/95 dated 16.03.1995 regarding Central Excise Duty on untrimmed sheets and circles of Copper and Brass. 2. Determination of duty liability on untrimmed sheets/circles of Brass under Central Excise Act, 1985. 3. Analysis of Notification No.5/2006 and its applicability to products under Heading 74.09. 4. Distinction between Copper and Brass for the purpose of duty imposition. Issue 1: Interpretation of Notification No.67/95 dated 16.03.1995 The appeal raised concerns over the duty liability on untrimmed sheets and circles of Copper and Brass, as per Notification No.67/95 dated 16.03.1995. The Revenue argued that such products were not eligible for exemption under the notification, leading to a demand for Central Excise Duty. The Commissioner (Appeals) analyzed the provisions of the notification and concluded that duty was applicable to the portion of untrimmed brass sheets used in the production of waste scrap. This interpretation was based on the requirement that the final product should not be exempted to allow captively consumed goods to avail exemption. Issue 2: Duty liability on untrimmed sheets/circles of Brass The central issue revolved around whether untrimmed sheets/circles of Brass, used in the manufacturing process of trimmed sheets for utensils/handicrafts, were subject to Central Excise Duty. The Commissioner (Appeals) examined Notification No.5/2006 and Serial No. 41, which outlined duty exemptions for various products under Heading 74.09. It was observed that Brass sheets, except trimmed or untrimmed sheets intended for utensils/handicrafts, were subjected to Nil rate of duty. The Commissioner (Appeals) referred to a Supreme Court ruling to support the conclusion that untrimmed sheets of Brass were exempt from Central Excise Duty, overturning the Original Authority's decision. Issue 3: Analysis of Notification No.5/2006 The judgment delved into the provisions of Notification No.5/2006 to determine the duty implications on products classified under Heading 74.09 of the Central Excise Act, 1985. It was highlighted that the notification exempted Brass sheets and strips, except for trimmed or untrimmed sheets used in specific manufacturing processes. The Commissioner (Appeals) relied on this notification to establish the duty status of untrimmed Brass sheets and circles, emphasizing the exemption criteria under the relevant provisions. Issue 4: Distinction between Copper and Brass for duty imposition A crucial aspect of the case involved the differentiation between Copper and Brass concerning duty imposition. The Revenue contended that Copper and Brass should be considered the same commodity under Heading 74.09, thereby subjecting both to duty. However, the judgment referenced a Supreme Court ruling that established Copper and Brass as distinct commodities. Based on this legal precedent, the Tribunal rejected the Revenue's argument, affirming that Copper and Brass are separate entities for duty purposes. In conclusion, the judgment extensively analyzed the legal provisions, notifications, and precedents to determine the duty liability on untrimmed sheets and circles of Brass, ultimately upholding the decision of the Commissioner (Appeals) and dismissing the Revenue's appeal.
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