2017 (9) TMI 692 - AT - Central Excise

Classification of goods - Waste and scrip - Held that - it is clear that even though the description and chapter heading is not mentioned steel scrap is arising out of the manufactured of final product - The appellant also could not produce any evidence to rebut this position, therefore the demand confirmed to the tune of ₹ 1,23,189/- is correct and legal - demand upheld. Penalty of ₹ 1,23,189/- to 25%, subject to the condition that the duty, interest and 25% penalty stands paid within one month from the date of the receipt of this order - appeal allowed - decided partly in favor of appellant.

Summary

Issues:
1. Excise duty demand on clearance of scrap without payment.
2. Classification and dutiability of scrap.
3. Penalty imposition under Section 11AC.
4. Extension of 25% penalty option.

Excise Duty Demand on Scrap Clearance:
The case involved the appellants engaged in manufacturing castings and automobile parts, where they cleared certain steel, waste, and scrap without paying excise duty. A show cause notice was issued, leading to a demand for excise duty. The adjudicating authority confirmed a demand of &8377; 6,27,932 out of the initial demand of &8377; 9,85,045. The Revenue appealed against the dropping of a portion of the demand, leading to the current appeal.

Classification and Dutiability of Scrap:
The appellant's counsel argued that the dropped demand was due to unclear details on the type of scrap cleared, making it challenging to determine the classification and dutiability of the scrap. It was contended that without proper details, no duty could have been demanded. The appellant also raised concerns about the penalty imposed under Section 11AC, suggesting that the option of a 25% penalty should have been extended by the Commissioner (Appeals) as per the law.

Penalty Imposition under Section 11AC:
The Revenue, represented by the Superintendent, reiterated the findings of the impugned order. Upon careful consideration, the Member (Judicial) found that although specific details of the scrap were missing, it was evident that some scrap had been cleared by the appellant. Despite the lack of detailed documentation, it was established that steel scrap arose from the manufacturing process. The demand of &8377; 1,23,189 was deemed correct and legal, and thus upheld. Regarding the penalty under Section 11AC, it was noted that the Commissioner (Appeals) did not provide the option of a 25% penalty, as required by law and relevant circulars. Citing a Supreme Court judgment, the penalty was reduced to 25%, subject to timely payment of duty, interest, and penalty.

Extension of 25% Penalty Option:
In line with the Supreme Court's ruling and relevant circulars, the penalty of &8377; 1,23,189 was reduced to 25%, provided that the duty, interest, and penalty were paid within one month from the date of the order. The appeal was partly allowed based on the above discussions, with the decision pronounced and dictated in court.