2008 (4) TMI 49 - AT - Central Excise

Revenue wants to recover duty on broken kiln tiles as they had availed CENVAT credit on these capital goods and had removed the same from factory after long use revenue pleaded that it is a case of removal of capital goods as such - lower authorities refrained from demanding duty on item treating the same to be waste and scrap - held that in the absence of specific entry for waste and scrap of kiln tiles in Chapter 69 of CETA such tiles removed in broken condition cannot be excisable

Summary

Issues:
1. Liability to pay duty on broken kiln tiles classified under Heading 69.01 of the CETA Schedule.
2. Applicability of Rule 3(4) of the Cenvat Credit Rules, 2002.
3. Interpretation of waste and scrap in the absence of specific tariff entry.

Analysis:
1. The appellant sought to recover duty from the respondents on broken kiln tiles under Heading 69.01 of the CETA Schedule. The lower authorities considered the tiles as 'waste and scrap' and refrained from demanding duty. The appellant argued that duty should be paid as the respondents availed CENVAT credit on the capital goods and removed them from the factory after use. The appellant relied on Rule 3(4) of the Cenvat Credit Rules, 2002, and Board Circulars to support their case. The respondents defended by stating that broken tiles cannot be excisable due to the absence of a specific entry for waste and scrap of kiln tiles in Chapter 69 of the Tariff Schedule. They referred to a previous Tribunal decision to support their stance.

2. The Member (J) analyzed the submissions and upheld the impugned order. It was undisputed that the kiln tiles were removed in broken form after being used in the factory with Modvat credit. Since no specific entry for waste and scrap of such tiles was identified in Chapter 69 of the Tariff Schedule, the liability to pay duty was not established. Consequently, the appeal of the Revenue was dismissed.

3. The judgment highlights the importance of specific tariff entries in determining excisability. In the absence of a clear classification for waste and scrap of kiln tiles in the relevant chapter, the broken tiles were not considered excisable. The decision underscores the significance of precise tariff provisions in assessing the duty liability on goods, especially in cases involving the classification of waste and scrap.