1997 (7) TMI 335 - AT - Central Excise

Summary

Issues:
- Duty liability with regard to copper wire rods produced from duty paid copper wire bars.

Analysis:
The case involved two appeals filed by M/s. Devidayal Rolling Mills, Bombay challenging orders passed by the Collector of Central Excise (Appeals), Bombay. The appeals were related to the duty liability concerning copper wire rods produced from duty paid copper wire bars. The Tribunal decided to hear both appeals together due to the common issue involved and proceeded to dispose of them through a common order.

In the judgment, it was noted that the Collector of Central Excise (Appeals) had referred to earlier orders, including one that was appealed before the Tribunal and subsequently set aside. The appellants relied on Notification No. 3/91 issued by the Central Government under Section 11C of the Central Excise Act, 1944. This notification exempted the duty of excise on copper wire rods manufactured from duty paid copper wire bars for a specific period.

The notification covered the period from 13-5-1969 to 8-5-1994, which was relevant to the case at hand. The appellants argued that the duty had already been paid on the raw material, copper wire bars, and therefore, demanding duty again on the copper wire rods was unjustified. The Tribunal acknowledged that the wire bars used were duty paid, and as the entire period under the show cause notices was covered by the 11C Notification, both appeals were deemed acceptable.

Ultimately, considering all relevant factors and the provisions of the notification, the Tribunal allowed both appeals in favor of M/s. Devidayal Rolling Mills, Bombay. The decision was made based on the fact that the raw materials were duty paid, and the duty liability on the copper wire rods was exempted for the relevant period specified in the notification.