Calling the Situation Grim, the Supreme Court Takes Suo Motu Cognizance of Delays in NCLT Approvals  ||  Supreme Court: Admission of a Claim by a Resolution Professional is Not Debt Acknowledgment  ||  Supreme Court: Public Figures Must Exercise Caution as Their Words Have Consequences in Society  ||  SC: State Must Act as a Model Employer, Criticising the Union For Not Regularising ISRO Workers  ||  J&K&L High Court: Minor Minerals Have Major Environmental Impacts and Must be Regulated  ||  Del HC: Unexplained Money Received by Public Servant is Not Bribery Without Proof of Official Favour  ||  Del HC: There is No Absolute Bar on Granting Co-Convicts Parole/Furlough Together in Suitable Cases  ||  Bom HC: LARR Authority Can Examine Limitation Issues in Land Acquisition References under 2013 Act  ||  MP HC: Long-Serving Employees Cannot Be Denied Regularisation by Retrospective Statutory Amendments  ||  J&K&L HC: Routine Challenges to Lok Adalat Awards Defeat Their Purpose of Quick Dispute Resolution    

Panasonic Energy India Co. Ltd. v. C.C.E., Indore - (Customs, Excise and Service Tax Appellate Tribunal) (18 Oct 2016)

Mere mentioning of product in the tariff is not sufficient to attract excise levy

MANU/CE/0436/2016

Excise

Appellant is engaged in the manufacture of dry battery cell liable to central excise duty. They were availing Cenvat Credit of duty paid on inputs and capital goods as well as services. Revenue proceeded to demand duty on said scrap of paper under the heading 4707 as waste and scrap of paper or paper board. Original Authority as well as the first Appellate Authority confirmed the demand against the appellant. An equal amount of penalty also was imposed on the appellant.

Appellant is not engaged in manufacture of any paper or paper board. These items were their inputs procured after payment of Cenvat Credit duty. These inputs were put to intended use in appellant's factory. In such a situation, this is not tenable to hold that appellant was engaged in the manufacture of waste and scrap of paper.

In a similar dispute before Tribunal in case of WIMCO Ltd. vs. CCE Lucknow, it was observed that, no new product has come into existence. The scrap of paper cannot be considered as a product different from paper, waste arising out of paperboard is not a product different from paperboard. There is no special definition rendering emergence of such waste, scrap, paring as amounting to manufacture. Mere mentioning in the tariff is not sufficient to attract excise levy. By following above, Tribunal allowed Appeal filed by Appellant

Relevant : WIMCO Limited vs. CCE MANU/CE/0527/2008

Tags : DEMAND   PENALTY   CONFIRMATION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved