1997 (10) TMI 204 - AT - Central Excise

Summary

Issues:
Eligibility of M.S. steel plate cuttings and scrap of dismantled ships sheet for Notification No. 208/83, duty payment, extended period of limitation, violation of principles of natural justice, re-rollable material classification, duty paid character of inputs, interpretation of waste and scrap definition, remand to adjudicating authority.

Analysis:
The appeal pertained to the eligibility of M.S. steel plate cuttings and scrap of dismantled ships sheet for the benefit of Notification No. 208/83. Two Show Cause Notices were issued alleging that final products were cleared without paying central excise duty. The Additional Collector of Central Excise, Nagpur confirmed the allegations and demanded central excise duty of Rs. 41,432.46 along with a penalty of Rs. 25,000.

The appellant argued that the steel plate cuttings were re-rollable material and not waste or scrap as per the Tariff. They contended that there was no suppression and no justification for invoking the extended period of limitation. The appellant also claimed that their inputs were covered by specific tariff items and the duty paid character of the goods purchased should be considered. They raised concerns about the violation of principles of natural justice in the adjudication process.

On the other hand, the respondent argued that the inputs were declared as scrap by the appellant and had not discharged any duty liability. They contended that the inputs were ship breaking scrap and not re-rollable material, making them ineligible for the benefit under the notification.

The Tribunal observed that the adjudicating authority did not adequately address the submissions made by the appellant regarding the classification of inputs and the duty paid character of the goods purchased. The issue of the extended period of limitation was also discussed, noting discrepancies in the raw material account entries. The Tribunal emphasized the need for a thorough review of all submissions before reaching a final decision.

Considering the interests of justice, the Tribunal remanded the matter to the adjudicating authority for a reevaluation. The appellant's submissions were deemed crucial for a fair decision, and both parties were to be given an opportunity to present their arguments before a new order was passed in accordance with the law.

In conclusion, the appeal was disposed of by way of remand, highlighting the importance of a comprehensive review of all submissions and ensuring a fair and just decision-making process.