2007 (10) TMI 514 - AT - Customs

Summary

Issues involved: Department's appeal against excise duty and penalties imposed on waste and rejects cleared in the domestic market by a 100% EOU.

Excise Duty on Waste and Rejects:
The Department contended that excise duty is payable on waste and rejects cleared in the domestic market as "finished products," along with customs duty on imported inputs and excise duty on indigenously procured inputs used in their manufacture. The Commissioner confirmed excise duty on the finished products and imposed a penalty but held that demanding duty on raw materials used in the manufacture of waste/rejects, in addition to the final products, was not sustainable as it was not a case of removal of duty-free inputs. The Department appealed against the non-demanding of customs duty and excise duty on raw materials in waste/rejects and the non-imposition of penalties.

Analysis of Section 72:
The Tribunal examined Section 72, which pertains to goods improperly removed from the warehouse, applicable to bonded goods. In this case, the raw materials were not cleared unauthorizedly or in contravention of the Customs Act but were issued for manufacture, with a portion being classified as waste and rejects. These waste and rejects were cleared in the domestic market with permission from the Development Commissioner. The Tribunal found no diversion or misuse of duty-free raw materials for a different purpose. Consequently, the Tribunal upheld the Commissioner's decision of not demanding duty on raw materials and not imposing penalties.

In conclusion, the Appellate Tribunal dismissed the Department's appeal, citing that no valid grounds were presented to interfere with the Commissioner's findings regarding the non-demand of duty on raw materials and the absence of penal action.