2003 (11) TMI 229 - AT - Central Excise

Summary

Issues:
1. Confirmation of demand against the applicants/appellants for selling waste and scrap of capital goods without payment of duty.
2. Confirmation of demand for empty drums cleared from the factory.

Analysis:
1. The Tribunal considered the issue of demand confirmation against the applicants/appellants for selling waste and scrap of capital goods without paying duty. The contention raised was that the waste and scrap cleared during a specific period did not relate to the capital goods on which Modvat credit was taken. The Tribunal agreed with the consultant's argument that as per Rule 57S(2)(c), the duty burden is on the same capital goods for which Modvat credit was claimed. Citing a previous decision, the Tribunal remanded the matter to the adjudicating authority for further verification and readjudication based on this interpretation.

2. Another part of the demand was confirmed for empty drums cleared from the factory, treated as waste and scrap. The Tribunal referred to a Supreme Court decision stating that empty drums/barrels are not liable to duty as they do not arise from the manufacturing process. Given the remand on the first ground, the Tribunal directed the adjudicating authority to follow the Supreme Court's order and reconsider the matter concerning the empty drums. Consequently, the appeal was allowed for remand, and the Stay Petition was disposed of accordingly.