2013 (8) TMI 680 - AT - Central Excise

Scrap chargeable to duty or not - scrap generated in the repair & maintenance workshop of the factory - The appellants sold the old and worn out parts of the machinery and also the scrap generated in the course of fabrication of parts of the machinery without payment of duty - The department was of the view that this scrap was chargeable to central excise duty - Held that - The M.S. scrap and Iron scrap cannot be said to be a by-product of the final product - At the best, it was the by-product of the repairing process which uses welding electrodes, mild steel, cutting tools, M.S. Angles, M.S. Channels, M.S. Beams - The metal scrap and waste arise only when the assessee undertakes repairing and maintenance work of the capital goods and, therefore, do not arise regularly and continuously in the course of a manufacturing business of cement. The scrap generated in the repair & maintenance workshop of the factory cannot be said to be the scrap generated in a manufacturing process or a byproduct of manufacturing process and hence the same was not excisable - M/s. Grasim Industries Ltd. Versus Union of India 2011 (10) TMI 2 - SUPREME COURT OF INDIA - The issue of getting a new identity as M.S. Scrap and Iron Scrap as an end product due to manufacturing process does not arise for consideration - The repairing activity in any possible manner cannot be called as a part of manufacturing activity in relation to production of end product - Order set aside Decided in favor of assesse.

Summary

Issues:
1. Whether the scrap generated in the workshop during the manufacture of parts of machinery is chargeable to central excise duty.
2. Whether the duty demand on the scrap generated in the workshop is justified.
3. Whether the judgment of the Hon'ble Rajasthan High Court in the case of Grasim Industries Ltd. is applicable in this case.
4. Whether the scrap generated in the repair & maintenance workshop of the factory is excisable.

Analysis:
1. The case involved a dispute regarding the central excise duty on scrap generated in a manufacturing unit producing sugar and molasses. The appellant sold old and worn-out parts of machinery and scrap without paying duty, leading to a show cause notice for duty demand. The appellant argued that the scrap was of old and unuseable machinery, not generated in the workshop during part fabrication. Both the Asstt. Commissioner and Commissioner (Appeals) upheld the duty demand on workshop-generated scrap. The Tribunal initially dismissed the appeal, but upon restoration, the matter was reheard.

2. The appellant contended that the duty demand on the scrap was unjustified as it comprised old and unuseable machinery and parts, not subject to duty. The department argued that duty was rightly demanded on workshop-generated scrap, citing the Grasim Industries Ltd. case where such scrap was held excisable. The Tribunal analyzed the orders and found that while duty was demanded on workshop-generated scrap, recent Supreme Court precedent clarified that repair workshop scrap is not excisable, overturning the earlier High Court decision. Consequently, the duty demand on the workshop-generated scrap was deemed unsustainable, leading to the allowance of the appeal.

3. The Tribunal referred to the Apex Court judgment that differentiated between manufacturing scrap and repair workshop scrap, emphasizing that repair activities do not constitute manufacturing. The Court clarified that scrap arising from repair and maintenance work, like welding electrodes and mild steel, is not a by-product of the manufacturing process. This distinction was crucial in determining the excisability of the scrap in question, ultimately influencing the decision to set aside the duty demand.

4. The final judgment on October 10, 2012, set aside the impugned order, allowing the appeal in favor of the appellant based on the Apex Court's ruling. The Tribunal's decision was influenced by the distinction between scrap generated in manufacturing processes and repair workshops, highlighting that the latter is not excisable. This clarification resolved the dispute over the duty demand on the workshop-generated scrap, emphasizing the legal precedent and interpretation of excisability in such cases.