1997 (5) TMI 169 - AT - Central Excise

Summary

Issues:
1. Whether waste cotton yarn is exempted under Notification 95/61-C.E.
2. Justification of department in determining duty for a larger period.
3. Validity of impugned orders due to delay in passing them.
4. Correctness of determining waste at 4.5% instead of 1.2%.

Analysis:

Issue 1: Waste Cotton Yarn Exemption
The Tribunal, based on prior decisions, held that waste cotton yarn arising during weaving fabrics is not eligible for exemption under Notification 95/61. The exemption is limited to waste cotton yarn up to the stage of taking the yarn for weaving. The argument by the appellants was not convincing, and they failed on this issue.

Issue 2: Time Bar
The appellants argued that the demand was not justified beyond six months prior to the show cause notice issuance. The Tribunal agreed, restricting the demand period to six months before the notice date. The appellants succeeded on this issue.

Issue 3: Delay in Passing Orders
The appellants claimed inordinate delay affected their ability to present their case effectively. However, the Tribunal noted that the delay was due to pending Trade Association representations to the Board. Disagreeing with the appellants, the appeals failed on this issue.

Issue 4: Waste Determination
The appellants contended that they provided evidence showing 1.2% waste, but the authority determined 4.5% waste. The Tribunal found no evidence of the detailed account submitted before the authority. Considering the determination based on RT 12 returns, the Assistant Collector's decision was upheld in all cases.

In conclusion, the Tribunal dismissed the appeals after addressing the issues related to waste cotton yarn exemption, time bar limitation, delay in passing orders, and waste determination. The decisions were based on legal precedents, evidence submission, and justifications provided by both parties.