2020 (9) TMI 786 - AT - Central Excise

Tribunal Rules Iron Ore Fines Non-Dutiable

M/s. Shri Shyam Ispat (India) Pvt. Ltd. Versus Commissioner of Customs & Central Excise, Raipur

M/s. Shri Shyam Ispat (India) Pvt. Ltd. Versus Commissioner of Customs & Central Excise, Raipur - TMI Issues:1. Liability of duty on clearance of iron ore fines.2. Classification of iron ore fines as exempted goods.3. Compliance with Cenvat Credit Rules, 2004.4. Interpretation of manufacturing activity for excisable goods.Analysis:1. The issue in question revolved around the liability of duty on the clearance of iron ore fines by the appellants. The Department contended that the iron ore fines should be considered as exempted goods, thus attracting duty payment. The show cause notice proposed a recovery amount, which was initially dropped but later confirmed by the Commissioner (Appeals), leading to the appeal before the Tribunal.2. The classification of iron ore fines as exempted goods was a crucial aspect of the case. The Department argued that since the production of iron ore fines was a manufacturing activity of the appellants, they were required to maintain separate accounts or pay duty on the exempted goods. The Commissioner (Appeals) upheld this view, leading to a challenge by the appellant.3. Compliance with the Cenvat Credit Rules, 2004 was a significant point of contention. The appellant argued that since the iron ore fines did not undergo a manufacturing process as per Rule 2(f) of the Central Excise Rules, they should not be considered excisable goods. The appellant also highlighted their registration for manufacturing sponge iron, not iron ore fines, and claimed eligibility for cenvat credit under Rule 3 of CCR.4. The interpretation of manufacturing activity for excisable goods was a critical aspect of the judgment. The Tribunal analyzed the process adopted by the appellant in manufacturing sponge iron, emphasizing that the generation of iron ore fines was not a manufacturing activity but a by-product of segregation. Citing relevant legal precedents, the Tribunal concluded that iron ore fines were not excisable goods and set aside the order confirming the demand for duty payment.In conclusion, the Tribunal ruled in favor of the appellant, setting aside the order under challenge and restoring the original order. The judgment clarified the non-excisability of iron ore fines generated during the manufacturing process of sponge iron, emphasizing the lack of duty liability on such fines. The decision was based on a detailed analysis of the manufacturing process and relevant legal provisions, ultimately allowing the appeal.