1996 (11) TMI 254 - AT - Central Excise

Summary

Issues:
1. Interpretation of Notification 208 dated 1-8-1983 for duty exemption on manufactured goods.
2. Determination of duty liability on final products made from re-rollable scrap.
3. Claim of benefit under the Notification based on non-payment of duty on inputs.
4. Application of the extended period for invoking demand under Section 11A.
5. Reliance on trade notice for deeming re-rollable scrap as duty paid.

Analysis:

1. The case involved the interpretation of Notification 208 dated 1-8-1983, which exempted certain goods from duty subject to specific conditions. The appellant claimed duty exemption on bars and rods manufactured from re-rollable scrap based on this notification.

2. The issue of duty liability arose when the authorities proposed recovery of duty on final products made from scrap procured from ship breakers, where duty was not paid. The Commissioner held that duty was not payable on scrap obtained from ship breaking, exempting those goods from duty liability.

3. The appellant argued that since no credit of duty paid on inputs was taken, they were entitled to the benefit of the Notification. However, the Tribunal ruled that the condition of duty payment on inputs was not satisfied, making the non-payment of duty on inputs irrelevant.

4. Regarding the limitation period for invoking demand, the appellant claimed that they believed re-rollable material was deemed duty paid based on a trade notice. The Tribunal examined the trade notice but concluded that the notice did not apply to the Notification in question, and the appellant should have known that duty was not payable on the material received from ship breakers.

5. The appellant relied on a trade notice stating that re-rollable scrap purchased after a certain date would be deemed duty paid. However, the Tribunal found that the trade notice did not align with the Notification in question and did not absolve the appellant from duty liability on scrap obtained from ship breaking.

In conclusion, the Tribunal dismissed the appeal, upholding the duty liability on final products made from scrap obtained from ship breakers where duty was not paid. The appellant's reliance on the trade notice and lack of intent to evade duty were not accepted, emphasizing the clear provisions of the Notification and the knowledge within the trade regarding duty obligations.