2003 (10) TMI 155 - AT - Central Excise

Summary

Issues:
Whether waste and scrap arising out of machinery, for which Modvat credit was availed, is liable for duty payment.

Analysis:
In the appeal filed by a company manufacturing sugar and molasses, the main issue was whether waste and scrap from machinery, for which Modvat credit had been taken, should be subject to duty payment. The Commissioner (Appeals) had upheld the duty demand and penalty, based on the assumption that waste and scrap had arisen from machinery with Modvat credit. The company's Finance Manager's response was used as evidence, but the appellant argued that there was no direct link established between the waste and scrap and the machinery with Modvat credit. The appellant cited a Supreme Court case to support their contention that such findings based on assumptions are not valid.

The learned SDR, however, supported the Commissioner's findings, emphasizing that when machinery sold as waste had Modvat credit, duty payment was required under Rule 57S(2) of the Central Excise Rules, 1944. The burden of proof was on the Revenue to demonstrate that the waste and scrap indeed arose from machinery with Modvat credit. The Tribunal noted that while the rule allowed for duty on waste and scrap from capital goods, there was no evidence presented by the Revenue to establish the connection between the waste and scrap in question and the machinery with Modvat credit. The Tribunal agreed with the appellant that the Finance Manager's response did not confirm this link. Consequently, the demand for duty was deemed unsustainable due to the lack of evidence showing Modvat credit was taken on the relevant machinery. As a result, the impugned order was set aside, and the appeal was allowed.