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2018 (6) TMI 183 - AT - Central ExciseCotton waste arising in the course of manufacture - Dutiability - imposition of penalty - Held that - in the case of M/S CT. COTTON YARN LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, INDORE 2013 (1) TMI 249 - CESTAT NEW DELHI , the Bench presided over by President, has come to a conclusion that the demand of duty on cotton waste which arises during the manufacturing process is not leviable to duty and set aside the entire demand - appeal dismissed - decided against Revenue.
Issues:
1. Duty liability on cotton waste arising during manufacturing process. 2. Imposition of penalty on the respondent. 3. Applicability of previous Tribunal decisions on duty liability. Analysis: Issue 1: Duty liability on cotton waste arising during manufacturing process The appeal concerned the duty liability on cotton waste generated during manufacturing. The adjudicating authority initially held the cotton waste as dutiable and imposed penalties. However, the first appellate authority, referencing a previous Tribunal decision in the case of C.T. Cotton Yarn Ltd., concluded that cotton waste is not liable for duty. The Revenue argued that duties are payable under the Central Excise Act and the Customs Tariff Act, emphasizing the dutiability of cotton waste. The Tribunal, after reviewing the relevant laws and previous decisions, upheld the appellate authority's decision, stating that the demand of duty on cotton waste during manufacturing is not leviable. The Tribunal's decision in the C.T. Cotton Yarn Ltd. case was deemed applicable, leading to the rejection of the Revenue's appeal. Issue 2: Imposition of penalty on the respondent Apart from the duty liability, the issue of imposing penalties on the respondent was also considered. The adjudicating authority had confirmed various penalties along with the duty liability. However, the first appellate authority, following the Tribunal's decision in a similar case, set aside the penalties along with the duty demand. The Tribunal, aligning with the appellate authority's decision, did not find it necessary to interfere with the impugned order, indicating that no penalties were warranted in this case. Issue 3: Applicability of previous Tribunal decisions on duty liability The Tribunal addressed the relevance of previous Tribunal decisions on the matter of duty liability concerning cotton waste. The Revenue cited earlier Tribunal decisions to support the duty leviability on cotton waste. However, the Tribunal, after reviewing the decisions and subsequent developments, particularly the Apex Court's intervention and the final order in a related case, confirmed that the duty demand on cotton waste during manufacturing is not sustainable. The Tribunal's reliance on its previous decision in the C.T. Cotton Yarn Ltd. case and subsequent developments reinforced the non-liability of cotton waste for duty, establishing a consistent legal position on the matter. In conclusion, the Tribunal upheld the appellate authority's decision, rejecting the Revenue's appeal and affirming that cotton waste arising during the manufacturing process is not dutiable. The penalties imposed on the respondent were also set aside in line with the duty liability determination. The judgment highlighted the importance of legal precedents and consistent interpretation of laws in resolving issues related to duty liability on manufacturing by-products.
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