2001 (7) TMI 407 - AT - Central Excise

Summary

Issues:
1. Classification of cotton waste for duty payment in a 100% Export Oriented Unit.
2. Applicability of exemption notification No. 55/91 for duty payment on cotton waste.
3. Interpretation of additional duty under the Central Excise Act, 1978.

Issue 1: Classification of cotton waste for duty payment in a 100% Export Oriented Unit
The Asstt. Commissioner held that cotton soft waste, an excisable commodity arising during the manufacture of Cotton Yarn, is subject to duty payment as per the first proviso to Section 3 of the Central Excise Act. The approved classification list filed by the unit was considered, leading to the rejection of the refund claim by the unit. The Asstt. Commissioner emphasized that no refund was admissible as the duty was paid in accordance with the approved classification list, thereby justifying the rejection of the claim.

Issue 2: Applicability of exemption notification No. 55/91 for duty payment on cotton waste
The appellant, a 100% Export Oriented Unit for cotton yarn, argued that the goods sold domestically are subject to Central Excise Duty, including an additional duty equal to 15% of the total duty chargeable. The appellant contended that the cotton waste generated during yarn manufacture, classifiable under Chapter Heading No. 52.02, was not subject to duty payment. Citing a decision by the Delhi Bench of the Tribunal, the appellant sought exemption under Notification No. 55/91, which grants exemption to goods produced by a 100% EOU from additional duty. The Tribunal, considering the facts and relevant circulars, allowed the benefit of the said notification to the appellant, granting relief and upholding the appeal.

Issue 3: Interpretation of additional duty under the Central Excise Act, 1978
The ld. Counsel for the appellant argued that no additional duty was leviable on cotton waste, relying on the decision of the Tribunal in a similar case. The Tribunal, after considering the submissions and the precedent cited, held that the benefit of Notification No. 55/91, providing exemption from additional duty to goods produced by a manufacturer in a 100% EOU, is applicable to the appellants. Consequently, the appeal was allowed, and any consequential relief was deemed admissible in accordance with the law.