1997 (7) TMI 445 - AT - Central Excise

Summary

Issues:
Classification of effluent sludge as excisable goods under the Central Excise Act.

Detailed Analysis:

Issue: Classification of effluent sludge as excisable goods under the Central Excise Act.

The case involved appeals filed by M/s. South India Viscose Limited regarding the classification of effluent sludge as excisable goods under the Central Excise Act. The Appellant, a manufacturer of various products, including wood pulp, faced a demand for duties on the effluent sludge removed during the manufacturing process. The Department alleged that the Assessee had not included the effluent sludge in the classification list and had suppressed facts regarding its production. The Collector confirmed the demand, leading to the appeal.

The main contention was whether the effluent sludge could be considered 'goods' under the Central Excise Act. The Appellant argued that the sludge was waste arising during the wood pulp manufacturing process and was not specified in any tariff entry. They emphasized that the waste was not sold for significant amounts, indicating its non-marketability. The Appellant relied on previous Tribunal decisions to support their stance.

On the other hand, the Department argued that even though the effluent sludge was waste, it still fell within the ambit of excisable goods. They cited a Madras High Court case to support their position, stating that even scrap products could be considered excisable goods if capable of being produced or manufactured in India. The Department contended that since the Appellant had sold the sludge, it demonstrated marketability.

After considering both arguments, the Tribunal analyzed the nature of the effluent sludge and its marketability. They referred to a Supreme Court decision emphasizing that not everything sold is necessarily a marketable commodity. The Tribunal noted that the Department failed to prove the marketability of the sludge. Therefore, following the legal precedents and the lack of evidence establishing marketability, the Tribunal accepted the Appellant's contention that the effluent sludge was not excisable goods. Consequently, the impugned order was set aside, and all three appeals were allowed with consequential relief as per the law.