2005 (8) TMI 21 - AT - Central Excise

Central Excise Waste and Scrap Scrap arises from repair of machinery and not from any manufacturing activity and no further credit availed by appellant for those machinery, hence demand and penalty for scrap not upheld

Summary

Issues: Disallowance of Modvat credit, duty demand for scrap arising from repair of machinery, penalty on company and Vice President.

In the present case, two appeals were filed against a common order-in-appeal disallowing Modvat credit and confirming duty demand for a specific period. The duty was demanded from the appellants concerning scrap arising from the repair of machinery used for manufacturing white cement. The Commissioner (Appeals) upheld the duty demand citing the classification of scrap under Chapter 72 of the tariff as dutiable. However, the Tribunal found this ground legally untenable as the scrap did not arise from the manufacturing activity but from wear and tear of the machinery. The appellants had not availed any credit for the machinery in question. The Tribunal referred to a similar case involving Birla Corporation Ltd. to support its decision. Consequently, the impugned order disallowing the Modvat credit and confirming the duty demand was set aside for both the company and its Vice President. The appeals were allowed with consequential relief as per law.