2006 (9) TMI 73 - AT - Central Excise

Appeals tribunal rules waste lube oil not subject to excise duty, invalidating duty demand.

SPIC PHARMACEUTICALS DIVISION Versus COMMISSIONER OF C. EX., CHENNAI

SPIC PHARMACEUTICALS DIVISION Versus COMMISSIONER OF C. EX., CHENNAI - 2007 (213) E.L.T. 679 (Tri. - Chennai), 2007 (79) RLT 508 (CESTAT - Che.) Issues:Classification of 'waste lube oil' for excise duty chargeability.Analysis:The appellate tribunal, after reviewing the records and hearing both sides, decided to proceed with the final disposal of the appeal, waiving the predeposit requirement. The central issue in question was whether the 'waste lube oil' cleared by the appellants from their factory between specific dates was subject to excise duty. The Commissioner (Appeals) had relied on a previous Tribunal decision that required testing for mineral oil content and flash point to classify the goods as lubricating oil for duty purposes. However, the appellants cited a different case where similar goods were deemed non-dutiable. The tribunal examined the judgment referenced by the appellants and noted that waste lube oil drained from industrial systems was considered non-excisable. In the present case, the oil in question was originally lubricating oil used in machinery but became waste after use. Following the precedent set in the case referenced by the appellants, the tribunal concluded that the duty demand on the appellants for the waste lube oil was not valid. Consequently, the impugned order was set aside, and the appeal was allowed with consequential relief. The decision was made after due consideration of the facts and legal precedents, leading to a favorable outcome for the appellants.(Order dictated and pronounced in open Court)