2003 (3) TMI 566 - AT - Central Excise

Appellate Tribunal overturns duty demand for waste products, stresses importance of testing samples

ICI. (I) LTD. Versus COMMISSIONER OF CENTRAL EXCISE, MUMBAI-VI

The Appellate Tribunal allowed the appeal filed by the appellant, setting aside the duty demand on crimped waste, fiber waste, and soiled waste ... Demand - Test Report of Dy. Chief Chemist - Date of, applicability Issues:Appeal against demand of duty on crimped waste, fibre waste, and soiled waste manufactured by the appellant between December 1987 to September 1993.Analysis:The appellant contested the demand of duty on waste products manufactured between December 1987 to September 1993, which were classified as good fiber by the Deputy Chief Chemist. The Assistant Commissioner initially demanded differential duty, but on appeal, the matter was remanded for de novo adjudication. Subsequently, the Assistant Commissioner dropped the proceedings for crimped waste but confirmed the duty demand for soiled waste and fiber waste. The Commissioner (Appeals) directed a fresh adjudication after issuing a Show Cause Notice and specified that only samples from the disputed period could be relied upon. Despite this direction, the Deputy Commissioner upheld the duty demand based on a test report from a sample taken after the disputed period. The appellant argued that this retrospective application of the test report was incorrect, citing precedents from the Tribunal and the Karnataka High Court emphasizing the importance of testing samples from the relevant period. The appellant urged that these precedents supported setting aside the duty demand.Decision:The Revenue representative acknowledged that the issue in this case aligned with the cited precedents. After considering the arguments and reviewing the records, the Appellate Tribunal set aside the impugned order and allowed the appeal filed by the appellants.