1996 (6) TMI 188 - AT - Central Excise

Summary

Issues:
Classification of waste material for duty exemption under Notification No. 217/86, requirement of entry in RG 1 before further use, imposition of fine and penalty for non-compliance.

Classification of Waste Material:
The appellants, engaged in manufacturing Nylon filament Yarn, use caprolactum as a principal raw material, which is converted into polyamide chips by polymerisation. The waste generated during this process, both in lump and ribbon form, was classified under heading 3915.90. The dispute arose regarding the correct classification of this waste material for duty exemption under Notification No. 217/86.

Entry in RG 1 Requirement:
The Department contended that the appellants should have entered the entire quantity of waste material in RG 1 before further use, irrespective of whether it was for captive consumption or otherwise. Failure to make such entries led to the imposition of a fine and penalty by the Deputy Commissioner, which was upheld by the Commissioner (Appeals).

Imposition of Fine and Penalty:
The Deputy Commissioner imposed a fine of Rs. 50,000 for the alleged violation of not entering the waste material in RG 1. The Commissioner (Appeals) confirmed this decision. However, the Appellate Tribunal observed that since the waste material was wholly exempt from duty under Notification No. 217/86 and was used for captive consumption, the violation was technical in nature. Therefore, the Tribunal reduced the fine to Rs. 5,000 and waived the penalty, as penalties are not warranted for technical breaches.

Conclusion:
The Tribunal acknowledged that the waste material was exempt from duty and used for captive consumption. While noting the requirement for RG 1 entries before further use, it considered the violation as technical and reduced the fine significantly. The Tribunal emphasized that penalties should not be imposed for minor breaches.