2018 (11) TMI 1449 - AT - Central Excise

Excisability - Waste - Bagasse - press mud - Held that - There is no duty liability on non-excisable goods cleared for a consideration, prior to 01.03.2015 and for this reason, the adjudicating authority has felt it proper and dropped the SOD up to 28.02.2015. Whether press mud, a waste, is a non-excisable commodity or not; and whether it is hit by the Explanations inserted with effect from 01.03.2015? - Held that - Explanation 1 applies to exempted goods or final products including non-excisable goods cleared for a consideration. Rule 2(d) of the CENVAT Credit Rules (CCR), 2004 defines exempted goods to mean excisable goods which are exempt from the whole of the duty, to also include goods which are chargeable to nil rate of duty and the goods used impliedly suggest a final product - press mud cannot be compared with other by-products like bio-compose or even bagasse for that matter. Moreover, from a bare reading of Explanations 1 and 2 - press mud does not fit into the definition of exempted goods , as defined under Rule 2(d) of CCR because it is not an excisable good; nor can it be termed as a final product because it is not manufactured or produced from input or using input service. This is because it is a natural by-product which does not involve any effort nor is it the primary intention of a sugar manufacturer to intend to manufacture press mud. The assessee is not liable to pay any duty and therefore, the demand is set aside - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Liability of Excise Duty on waste press mud clearance without payment
2. Interpretation of CENVAT Credit Rules and amendments
3. Applicability of Explanations 1 and 2 to Rule 6(3) of CCR
4. Comparison of press mud with other waste by-products
5. Decision on the demand for Excise Duty

Issue 1: Liability of Excise Duty on waste press mud clearance without payment
The case involved the Directorate General of Central Excise Intelligence (DGCEI) issuing Show Cause Notices for the clearance of press mud to the Distillery Division without payment of duty. The issue was whether the waste press mud, cleared out of the factory, was liable to Excise Duty at the point of clearance.

Issue 2: Interpretation of CENVAT Credit Rules and amendments
The adjudicating authority considered the amendment in the CENVAT Credit Rules, specifically the insertion of Explanation 1 and Explanation 2 to Rule 6(3) of the CCR. It was concluded that the waste product was cleared for a value hit by Rule 6, demanding an Excise Duty of 6% of the value of the non-excisable goods from a specific date.

Issue 3: Applicability of Explanations 1 and 2 to Rule 6(3) of CCR
The insertion of Explanations 1 and 2 to Rule 6(3) of the CCR from 01.03.2015 was crucial. The Tribunal analyzed the definitions of exempted goods, final products, and non-excisable goods. The interpretation of these definitions played a significant role in determining the liability of Excise Duty on the clearance of waste press mud.

Issue 4: Comparison of press mud with other waste by-products
The Tribunal compared press mud with other waste by-products like Bagasse, Dross, and Skimmings of non-ferrous metals, which were termed as non-excisable goods. It was argued that press mud, being a natural by-product without manufacturing intent, did not fit the definition of exempted goods or final products, thus not attracting Excise Duty liability.

Issue 5: Decision on the demand for Excise Duty
After considering the arguments and interpretations, the Tribunal held that the waste press mud did not fall under the category of non-excisable goods liable for Excise Duty. The Tribunal found no change in facts warranting the payment of duty, setting aside the demand for Excise Duty. The appeals were allowed with consequential benefits as per the law.

This detailed analysis of the judgment covers the various issues involved in the case, including the liability of Excise Duty, interpretation of rules and amendments, applicability of specific provisions, comparison with other waste products, and the final decision on the demand for Excise Duty.