1999 (8) TMI 380 - AT - Central Excise

Summary

Issues:
1. Whether the concentration of spent liquor/wash containing caustic soda results in a new product liable to excise duty.
2. Whether sodium hypochlorite manufactured by the assessee is exempted from duty by Notification 31/89 of 1st March, 1989.

Analysis:

Issue 1:
The first issue revolves around whether concentrating spent liquor/wash containing caustic soda, resulting in a higher concentration and removal of impurities, leads to the emergence of a new product subject to excise duty. The Tribunal referred to previous decisions regarding concentration processes in other cases. It was highlighted that mere marketability of goods does not automatically imply manufacture. The Tribunal found that the goods in question did not transform into a new distinct commodity through concentration, as they retained the same characteristics except for the increased concentration. It was concluded that the change in concentration alone does not create a new product, and hence, excise duty was not applicable.

Issue 2:
The second issue concerns the exemption of sodium hypochlorite manufactured by the assessee from excise duty under Notification 31/89 of 1st March, 1989. The Tribunal examined relevant precedents, particularly a decision regarding bleach liquor and its entitlement to exemption under a specific notification. It was noted that the impugned order lacked reasoning for denying the exemption. Ultimately, it was determined that the appellant was entitled to succeed on both issues. Additionally, it was found that the notice for duty in one of the appeals was time-barred, as the department was aware of the manufacturing activities but failed to act within the prescribed period. Consequently, demands for interest and penalties were deemed unjustified due to the timing of the notices and the absence of duty liability.

In conclusion, the Tribunal allowed all four appeals, setting aside the impugned orders and granting consequential relief to the appellant.