2004 (7) TMI 164 - AT - Central Excise

Issues:
1. Classification of lead slag and W.K. slag under Heading 2620.00 for central excise duty.
2. Applicability of Notification 67/95 for exemption from duty on goods used within the factory for construction purposes.
3. Determination of excisability of lead slag and W.K. slag as waste products arising from the manufacture of zinc and lead ingots.
4. Marketability and commercial value of slag products.
5. Interpretation of Note 3 to Chapter 26 of the Central Excise Tariff Act regarding the classification of ash and residues.

Analysis:
Issue 1: The Commissioner classified lead slag and W.K. slag under Heading 2620.00, holding them liable for central excise duty. The appellants contended that these slags are waste products and not excisable goods. They argued that the slags do not arise from the process of production and are not marketable. The Tribunal referred to various legal precedents and determined that the slags are neither marketable nor excisable commodities, as they do not contain recoverable metal and are simply waste products. Therefore, the slags were not classified under Heading 2620.00, and no duty was chargeable on them.

Issue 2: The Commissioner imposed duty on the clearance of lead slag and W.K. slag for construction of a jarosite pond, claiming that the slags were not eligible for exemption under Notification 67/95. The Tribunal analyzed the exemption provision and found that the jarosite pond construction was not directly linked to the manufacturing process of zinc, but rather an anti-pollution measure. As a result, the slags used in the construction were not covered by the exemption notification, leading to the duty imposition. However, since the slags were not excisable goods, the duty imposition was deemed incorrect, and the appeals were allowed.

Issue 3: The Tribunal examined whether lead slag and W.K. slag were excisable goods as per the Central Excise Tariff Act. It was established that the slags were waste products arising during the manufacture of ingots and did not meet the criteria of excisable commodities. The Tribunal referred to legal judgments and noted that the slags were not marketable and did not emerge as manufactured commodities, thus concluding that they were not excisable products liable for central excise duty.

Issue 4: The marketability and commercial value of the slag products were disputed. The Tribunal emphasized that the slags were waste materials without any commercial value or recoverable metal content. Legal precedents were cited to support the argument that mere listing of an item in the schedule to the Central Excise Tariff Act does not automatically make it excisable. The Tribunal concluded that the slags were not marketable commodities and did not qualify as excisable goods, further supporting the decision to set aside the duty imposition.

Issue 5: The interpretation of Note 3 to Chapter 26 of the Central Excise Tariff Act was crucial in determining the classification of the slags. The Tribunal analyzed the note, which specifies that Heading No. 2620 applies to ash and residues used in industry for metal extraction or chemical compound manufacture. As the slags did not serve these purposes and lacked evidence of such utility, they could not be classified under sub-heading 2620.00. This interpretation aligned with the findings that the slags were not excisable products, resulting in the reversal of duty imposition.

Overall, the Tribunal ruled in favor of the appellants, concluding that lead slag and W.K. slag were not excisable goods subject to central excise duty, based on the lack of marketability, commercial value, and utility for metal extraction or chemical compound manufacture. The duty imposition was set aside, and the appeals were allowed with any consequential relief.

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