2009 (8) TMI 915 - AT - Central Excise

Tribunal rules waste paper & plastic not excisable, citing lack of marketability & mala fide intent

VVF LIMITED Versus COMMISSIONER OF C. EX., DAMAN

The Tribunal ruled in favor of the appellant, determining that waste paper and waste plastic generated during the packing of soaps were not excisable ... Sale of waste material - said waste material originating during the course of the packing of the soaps was being sold by the assessee in the market - Revenue entertained a view that such waste paper and waste plastic generated during the packing of soaps in the wrapper of the brand of the soap was a manufactured and hence an excisable item and should have been cleared on payment of duty - Held that: - such waste paper and plastic has emerged during the course of packing of the soap manufactured by the appellant. The appellants are not manufacturer of paper. Such waste material is being disposed off by them by being sold in the market and recovering some value. This fact by itself cannot be said to be relevant for the purpose of holding such waste and scrap to be marketable and hence excisable item. Extended period of limitation - Held that: - What is relevant is that there should be mala fide intention on the part of the assessee leading to some suppression or misstatement - In the present case, even if the fact of sale of soap waste generated in the factory was not being brought to the knowledge of the Revenue, the same cannot be on the basis of any mala fide - the demand is also hit by the bar of limitation. Appeal allowed - decided in favor of appellant. Issues:Classification of waste paper and waste plastic as excisable items under Central Excise Act.Applicability of duty on waste paper and waste plastic arising during the packing of soaps.Limitation period for raising demand on the appellant.Analysis:1. Classification of Waste Paper and Waste Plastic: The dispute revolved around whether waste paper and waste plastic generated during the packing of soaps should be classified as excisable items. The Revenue contended that such waste material was manufactured and should have attracted duty. However, the appellant argued that the waste material arose during the packing process and did not amount to manufacturing. They relied on Supreme Court judgments to support their stance. The Tribunal agreed with the appellant, emphasizing that the waste paper and plastic were not marketable commodities and did not fulfill the criteria of manufacture as they originated during the soap manufacturing process.2. Applicability of Duty: The Revenue issued a show cause notice demanding duty on the waste paper and plastic sold by the appellant during a specific period. The lower authorities upheld the demand, leading to the present appeal. The Tribunal, after considering arguments from both sides, concluded that the waste material arising during the soap packing process was not subject to duty as it did not meet the criteria of being a marketable or excisable item. The Tribunal highlighted that the appellant was not a manufacturer of paper and that the mere act of selling waste material did not make it excisable.3. Limitation Period: The appellant also challenged the demand on the grounds of limitation, arguing that there was no mala fide intention to warrant an extended limitation period. The Tribunal agreed with the appellant, stating that the absence of a classification list alone was insufficient to invoke a longer limitation period. Referring to a Supreme Court judgment, the Tribunal emphasized the importance of proving mala fide intent for extending the limitation period. Since there was no evidence of mala fide actions by the appellant, the Tribunal held that the demand was also barred by limitation.In conclusion, the Tribunal allowed the appeal both on merits and limitation grounds, ruling in favor of the appellant regarding the classification of waste paper and plastic as non-excisable items and rejecting the duty demand raised by the Revenue within the specified limitation period.