1984 (10) TMI 139 - AT - Central Excise

Summary

Issues:
Classification of imported cellulose acetate scrap under Central Excise Tariff - Eligibility for refund of additional duty paid - Interpretation of Customs Notification No. 228/76 - Comparison with Tribunal's previous decisions on similar cases.

Analysis:
The case involved the classification of imported cellulose acetate scrap (C.A. Scrap) under the Central Excise Tariff and the eligibility for a refund of additional duty paid by the appellants. The Customs authorities had charged a 50% ad valorem additional duty of Customs on the goods, corresponding to the Central Excise duty under Item No. 15A(2) of the First Schedule to the Central Excises and Salt Act, 1944. The appellants claimed a refund based on Customs Notification No. 228/76, dated 2-8-1976, which exempted scrap falling under Item 15A(2) Central Excise Tariff. Additionally, they argued for concessional duty assessment based on Tariff Advice No. 48/78 and Notification No. 5/80-Central Excise. The Assistant Collector allowed the claims partially, leading to an appeal by the appellants (Para. 3).

During the proceedings, the appellants sought to introduce certificates regarding the nature of C.A. Scrap, but the Tribunal declined to admit additional evidence not presented before the lower authorities (Para. 5). The appellants argued that the C.A. Scrap required processing before molding, similar to a previous Tribunal decision on acrylic plastic scrap. They also cited precedents related to woollen rags and crushed acrylic scrap to support their claim for exemption from countervailing duty (Para. 6-7).

On the contrary, the Respondent referred to a Tribunal decision on crushed C.A. sheet scrap falling under Item 15A(1) of Central Excise Tariff and maintained that C.A. Scrap was directly moldable. The Respondent highlighted the appeal of previous decisions in the Supreme Court and emphasized treating scrap akin to prime material for assessment purposes (Para. 8).

After considering the arguments, the Tribunal relied on a previous decision regarding acrylic sheet scrap and waste inclusion in the Central Excise Tariff to conclude that C.A. Scrap did not fall under either Item 15A(1) or 15A(2) Central Excise Tariff. The Tribunal also noted the historical context of the amendment in 1982 and the exemption under Central Excise Notification No. 23/73 for reprocessed plastic materials from scrap. Consequently, the impugned order was set aside, and the appeals were allowed in favor of the appellants (Para. 10-12).