2004 (4) TMI 162 - AT - Central Excise

Summary

Issues:
1. Dispute over clearance of broken bottles for re-melting and manufacture of fresh bottles.
2. Eligibility for exemption under Notification Nos. 217/86 and 62/95.
3. Requirement of permission for clearance of broken bottles.
4. Interpretation of broken bottles as excisable goods.

Analysis:
The judgment by the Appellate Tribunal CESTAT, Mumbai, involved a dispute where the Revenue contended that the clearance of broken bottles for re-melting into fresh bottles constituted the removal of fully manufactured excisable goods, necessitating duty payment. The Revenue also argued against the eligibility of broken glass bottles for exemption under specific notifications and highlighted the absence of permission for such clearance.

The respondent manufacturer, on the other hand, claimed that all defective bottles were removed for remaking into fresh quality bottles, justifying exemption benefits. They argued that defective bottles were not marketable and needed to be remade to become so, thus not falling under the category of excisable glass bottles. The manufacturer referenced a Central Board of Excise & Customs order to support their position that re-melting rejected products for remaking should be considered as inputs, making it a revenue-neutral exercise within the same factory.

The Tribunal, after considering the arguments from both sides, upheld the manufacturer's plea, emphasizing that the process of remaking defective bottles into marketable ones did not warrant a fresh levy of duty. They cited the Central Board of Excise & Customs order and the findings of the ld. C.C.E. (Appeals) to support their decision to dismiss the appeals made by the Revenue. Additionally, the Tribunal mentioned that cross objections were also disposed of in the same order.