2020 (1) TMI 581 - AT - Central Excise

Classification of goods - dolochar , also known as coal char - excisability - whether classifiable under chapter heading 2619 or otherwise? - HELD THAT - The co-ordinate Bench of the Tribunal at Bangalore in the case of COMMR. OF C. EX. CUS., BELGAUM VERSUS BELLARY STEELS AND ALLOYS LTD. 2017 (5) TMI 1710 - CESTAT BANGALORE while dealing with the demand raised by the Department on dolachar under heading 2619 has held that the product is akin to coal and accordingly is to be classified under 2701.00. Further, various co-ordinate Benches of the Tribunal have also held that dolochar arising in the course of sponge iron manufacture cannot be said to be manufactured product but is a waste item on which duty demand cannot be sustained. Extended period of limitation - HELD THAT - The clarification provided by the Central Excise Department vide letter dated 26.08.2015 held that merely because dolochar is sold it cannot be said to be excisable. In view thereof, there cannot be any suppression. Therefore, the case of the appellants succeeds both on merits and on limitation. Appeal allowed - decided in favor of appellant.

Summary

Issues: Classification of dolochar under Central Excise Tariff Heading 2619, Duty demand, Extended period of limitation, Precedent decisions, Per incuriam decisions, Exemption under Notf. 4/2006, Marketability of dolochar, Suppression of facts, CENVAT credit reversal, Appeal dismissal.

Classification of Dolochar under Central Excise Tariff Heading 2619:
The appeals revolved around determining whether dolochar, a byproduct of sponge iron manufacturing, should be classified under Central Excise Tariff Heading 2619. The appellants argued that dolochar does not qualify as waste from the manufacture of iron and steel, citing the absence of smelting of iron ore in their manufacturing process. They relied on certificates from a Chartered Engineer and various Tribunal decisions supporting their stance. The Revenue, however, contended that dolochar is marketable and classifiable under Heading 2619, supporting their argument with a decision from a different Tribunal. The Tribunal analyzed previous decisions and concluded that dolochar is akin to waste and not a manufactured product, settling the issue in favor of the appellants.

Duty Demand and Extended Period of Limitation:
The Revenue had raised a duty demand on the grounds that dolochar was marketable, leading to the imposition of duty, interest, and penalty. The appellants contested this demand, highlighting that dolochar should be unconditionally exempted from excise duty under a specific notification. The Tribunal found in favor of the appellants, noting that the demand could not be sustained as dolochar was not liable to central excise duty, thereby rejecting the duty demand and associated penalties.

Precedent and Per Incuriam Decisions:
The appellants argued that a specific Tribunal decision classifying dolochar under Heading 2619 was per incuriam, as it did not consider previous binding decisions. The Tribunal agreed with this argument, emphasizing that decisions rendered in ignorance of previous rulings lack binding precedence value. By citing relevant judicial precedents, the Tribunal dismissed the per incuriam decision and upheld the appellants' contentions based on established legal principles.

Exemption under Notf. 4/2006 and Marketability of Dolochar:
The appellants also relied on a notification to support their claim that dolochar should be exempted from excise duty. They contested the marketability of dolochar, emphasizing that its sale did not automatically render it excisable. The Tribunal concurred with this view, further supporting the appellants' position on the exemption and marketability of dolochar.

Suppression of Facts and Appeal Dismissal:
Regarding the issue of limitation, the Tribunal noted that the Central Excise Department's clarification indicated that the mere sale of dolochar did not make it excisable, negating the basis for alleging suppression of facts. Consequently, the Tribunal ruled in favor of the appellants on both merit and limitation grounds, setting aside the impugned order and allowing the appeals with consequential relief as per law.

The judgment by the Appellate Tribunal CESTAT Kolkata addressed various intricate legal issues surrounding the classification of dolochar under the Central Excise Tariff, duty demands, precedent decisions, per incuriam rulings, exemptions, marketability, and suppression of facts. Through a detailed analysis of arguments presented by both parties and a thorough examination of relevant legal principles and precedents, the Tribunal conclusively settled the matter in favor of the appellants, highlighting the non-liability of dolochar to central excise duty and dismissing the duty demands and penalties imposed by the Revenue. The judgment showcased a meticulous application of legal reasoning and precedent to deliver a well-founded decision on the complex issues at hand.