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of <h1>Tribunal waives pre-deposit duty on waste products like floor sweepings and defective cakes</h1> <h3>DELTA FOODS PVT. LTD. Versus COMMISSIONER OF C. EX., GHAZIABAD</h3> DELTA FOODS PVT. LTD. Versus COMMISSIONER OF C. EX., GHAZIABAD - 2012 (277) E.L.T. 352 (Tri. - Del.) Issues:Prayer to dispense with pre-deposit of duty on floor sweepings and defective cakes.Analysis:The case involved an application seeking dispensation of the pre-deposit condition of duty amounting to Rs. 54,391 imposed on the applicant for floor sweepings and defective cakes arising during the manufacturing of biscuits and cakes. While previous Tribunal decisions held such items not to be excisable goods, the lower authorities referenced an amended section of the Central Excise Act, which broadened the definition of 'goods' to include any item capable of being bought and sold. The applicant argued that the amended provision did not change the nature of defective cakes and floor sweepings, as they were waste products that emerged during manufacturing and were not intended for sale as separate goods. The absence of a specific tariff heading for these items in the Central Excise Tariff supported this argument. The Tribunal, concurring with the applicant's position, dispensed with the pre-deposit condition of duty and interest, staying its recovery pending the appeal process. The decision was pronounced in open court by Member (J) Archana Wadhwa.
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