2009 (12) TMI 385 - AT - Central Excise

Excisability- The Appellant is a manufacturer of aerated waters and they have availed Cenvat credit of duty paid on glass bottles. A show-cause notice was issued alleging that the waste and scrap of broken glass bottles generated in the factory of the party is an excisable commodity as a separately identifiable goods and classifiable under sub-heading No. 7001.10 and attracts duty, accordingly proposing demand of Rs. 2,02,059/- relating to the period 1-12-2002 of 30-9-2003. The original Authority held that waste and scrap arising out of bottles broken cannot be considered as having been manufactured or the final product viz. scrap be treated as excisable goods and accordingly dropped proceedings on the show-cause notice. On appeal by the Department, Commissioner (Appeals) held that the scrap is a final product within the ambit of Cenvat Credit Rules and, therefore, there is no exemption on removal of waste and scrap during the period under demand. Held that- impugned item not to be treated as an excisable product emerging out of process of manufacture.

Summary

Issues:
1. Appeal against the order of the Commissioner (Appeals) regarding excisability of waste and scrap of broken glass bottles.

Analysis:
The appeal before the Appellate Tribunal CESTAT, New Delhi involved a dispute over the excisability of waste and scrap of broken glass bottles generated by a manufacturer of aerated waters who had availed Cenvat credit of duty paid on glass bottles. The original Authority had dropped proceedings on the show-cause notice alleging that the waste and scrap could not be considered as manufactured goods or excisable commodities. However, on appeal by the Department, the Commissioner (Appeals) held that the scrap constituted a final product within the Cenvat Credit Rules and was not exempt from duty. The Appellate Tribunal heard arguments from both sides, with the Appellant's advocate contending that the breakage of glass bottles during various handling processes did not result in the emergence of excisable goods. The Tribunal, after careful consideration, disagreed with the proposal in the show-cause notice that broken bottles should be treated as excisable products arising from a manufacturing process. Consequently, the Tribunal set aside the order of the Commissioner (Appeals) and reinstated the original Authority's decision, thereby disposing of the appeal in favor of the Appellant.

This judgment highlights the importance of determining whether waste and scrap generated during manufacturing processes qualify as excisable goods, especially when considering the implications on duty liability and Cenvat credit availed by manufacturers. The Tribunal's decision emphasizes the need for a clear distinction between by-products or waste materials and actual excisable products to avoid imposing duty on items that do not meet the criteria for classification as manufactured goods. The case underscores the significance of thorough examination of the manufacturing processes and the nature of waste materials to ascertain their excisability under relevant laws and rules.