1998 (6) TMI 262 - AT - Central Excise

Summary

Issues:
1. Waiver of pre-deposit and stay of recovery of duty.
2. Demand of duty on the process of manufacture of metal containers.
3. Demand of duty on samples taken for testing in the laboratory.
4. Justification of penalties imposed.

Analysis:

Issue 1:
The appellant sought waiver of pre-deposit and stay of recovery of duty amounting to Rs. 70,48,686/- and Rs. 25,538.24, along with penalties. The demand was based on the Commissioner's view that the process of manufacturing metal containers with power aids the production of pastes, polishes, and thinners. The appellant argued against this, citing Tribunal judgments and Board Circulars, asserting that power used for inputs does not equate to manufacturing finished products. The Tribunal agreed, emphasizing the distinction between power usage in different manufacturing processes.

Issue 2:
Regarding the demand of duty on the manufacture of metal containers, the Respondent supported the adjudicating authority's decision, claiming that products like pastes, polishes, and thinners are non-marketable without metal containers. The Respondent argued that the manufacturing process of metal containers contributes to the production of these products, thus justifying the duty demand. However, the Tribunal disagreed, emphasizing the applicability of specific Notifications and the lack of duty evasion by the appellants.

Issue 3:
On the demand of duty for samples tested in the laboratory within the factory premises, the Respondent contended that duty should be paid on finished goods even for testing purposes. The appellant disagreed, stating that duty liability arises only when samples are consumed in the manufacturing process. The Tribunal sided with the appellant, noting that the duty demand on remanent samples was not justified, especially since the quantity of excisable goods used for testing was not determined by the Commissioner.

Issue 4:
Regarding the penalties imposed, the Respondent argued in favor of their justification due to alleged duty evasion. However, the Tribunal found no merit in the penalties, as it ruled in favor of the appellants on the duty demands discussed in the previous issues. Consequently, the Tribunal allowed the stay petition unconditionally, emphasizing the lack of sustainable grounds for the duty demands and penalties.

In conclusion, the Tribunal's judgment favored the appellants by rejecting the duty demands and penalties, emphasizing the legal distinctions in the manufacturing processes and the lack of evidence supporting duty evasion.