2003 (9) TMI 204 - AT - Central Excise

Summary

Issues:
Appeal against order-in-appeal regarding excise duty on waste sludge sold by the respondent.

Analysis:
The appeal was filed by the Revenue against the order-in-appeal passed by the ld. Commissioner (Appeals) concerning the liability to pay excise duty on waste sludge sold by the respondent, M/s. Star Paper Mills. The Commissioner (Appeals) held that the sludge is not an excisable product based on various judgments, including the Supreme Court's decision in Modi Laminates (P) Ltd. and Dharangadhra Chemicals. The Tribunal and the Supreme Court in other cases also established that certain waste products, like press-mud, cannot be considered final products subject to excise duty.

The Tribunal emphasized that for a product to be chargeable to excise duty, it must be demonstrated that the manufacturer intended to produce that specific product as the final output. In this case, while manufacturing paper, the production of sludge was incidental and not the primary aim of the manufacturing process. Therefore, the sludge was classified as waste or by-product, falling under Rule 57D(1) rather than being considered a final product subject to excise duty under Rule 57CC.

The Tribunal highlighted the importance of interpreting excise duty rules harmoniously to avoid conflicting outcomes. It was concluded that if an assessee is entitled to retain full credit under Rule 57D(1), the provisions of Rule 57CC cannot be applied to enforce recovery of excise duty. Such conflicting application of rules would lead to chaos, and all rules must be construed in a manner that upholds consistency and fairness. Consequently, the Revenue's appeals were deemed meritless and rejected by the Tribunal.