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of <h1>Tribunal rules manufacturer not liable for excise duty on waste, clarifies rule.</h1> <h3>VE COMMERCIAL VEHICLE LTD Versus COMMISSIONER OF CENTRAL EXCISE, THANE-I</h3> VE COMMERCIAL VEHICLE LTD Versus COMMISSIONER OF CENTRAL EXCISE, THANE-I - 2015 (316) E.L.T. 251 (Tri. - Mumbai) Issues:1. Liability of principal manufacturer for excise duty on waste and scrap generated at job-workers' premises.Analysis:Issue 1: Liability of principal manufacturer for excise duty on waste and scrap generated at job-workers' premisesThe case involved the appellant, a manufacturer of motor vehicle parts, who sent raw materials to job workers for further processing. Waste and scrap arose at the job workers' premises, leading to a demand for excise duty on the appellant. The appellant contended that they were not responsible for duty on waste and scrap generated by job workers. The adjudicating authority and appellate authority upheld the duty demand. The appellant argued that as per Rule 4(5)(a) of the CENVAT Credit Rules, 2004, the job worker should discharge excise duty on waste and scrap. They cited precedents where it was held that the supplier of inputs is not liable for duty on waste and scrap generated at job workers' premises. The Tribunal noted that Rule 4(5)(a) does not impose duty on waste and scrap generated at job workers' premises but on the manufacture of marketable commodities. It ruled that the job worker, not the appellant, is the manufacturer of waste and scrap. Citing previous tribunal decisions and High Court rulings, the Tribunal granted the appellant a waiver from pre-deposit of dues and stayed recovery during the appeal, acknowledging the strong case made by the appellant.This judgment clarifies the distinction between the liability of the principal manufacturer and the job worker for excise duty on waste and scrap generated during processing. It emphasizes that the duty liability arises on the manufacture of marketable commodities and not on waste and scrap specifically. The ruling provides guidance based on legal provisions and precedents, ensuring a fair interpretation of the law in similar cases.
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