2004 (7) TMI 113 - AT - Central Excise

Summary

Issues:
Challenge to duty imposition on waste oil not resulting from production or manufacture.

Analysis:
The appeal challenged the imposition of duty on waste oil that did not arise from the production or manufacture process. The appellant argued that waste oil, being non-marketable, should not be subject to duty. The appellant relied on various judgments to support their contention. The Larger Bench judgment in the case of Markfed Vanaspathi & Allied Industries held that certain items, like spent earth, are not excisable if they are not manufactured products or by-products, even if sold for a price. Additionally, the appellant cited the case of CCE v. Ashok Leyland Ltd., where waste oil, lubricants, and coolants were deemed non-excisable as waste and scrap. Similarly, the reclamation of transformer oil was found not dutiable in the case of Shree Petrochem v. CCE, Pune. Another case cited was Continental Petroleum v. CC, Ahmedabad, where waste oil drained from an industrial system was considered to have outlived its utility.

Upon hearing both sides and carefully considering the submissions, the Tribunal concluded that waste oil does not arise from the manufacturing process and should not be subject to duty. The Tribunal found that the judgments cited by the appellant applied directly to the case at hand. Consequently, the impugned order imposing duty on waste oil was set aside, and the appeal was allowed.