Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1393

Zinc Dross arising as by product during manufacture of Galvanized Plain Sheets/Coils is not excisable product.

Case:- BHUSAN STEEL LTD. Vs COMMISSIONER OF CENTRAL EXCISE, RAIGAD
 
Citation:- 2012 (284) E.L.T. 713 (Tri. – Mumbai)

Brief Facts:-The appellants are engaged in the manufacture of excisable goods falling under Chapter 72 of the Central Excise Tariff Act, 1985. For payment of the Central Excise duty, they are availing CENVAT Credit of duty paid on inputs, capital goods and input services under the provisions of Cenvat Credit Rules, 2004. On the scrutiny of ER-1 returns filed by the appellants with the Range Superintendent, it was observed that the appel­lants had manufactured Zinc Dross slabs/ingots and cleared the same without payment of duty. It was further observed from the scrutiny of the invoices under cover of which Zinc Dross slabs/ingots in question were being cleared by the appellant that the same bore an endorsement to the effect that the said goods were non-excisable. The appellants are engaged in manufacturing of Galvanized Plain Sheets/Coils out of the cold rolling of the H.R. Coils and C.R. Coils, which are then subjected to the process of galvanization. During the process of galvani­zation of C.R. Coils, the molten solution of pure Zinc chemically reacts with steel strips resulting in a separately identifiable new and distinct by-product known as Zinc Dross which is then converted into slabs of about 20 kgs and marketed by the appellant. Two show-cause notices were issued to the appellant for the period from December, 06 to November, 07 and Decem­ber, 07 to August, 08, alleging that Zinc Dross manufactured by the appellant is classifiable under Chapter 79 of the Tariff and the process is a manufacturing activity under Section 2(f) of the Central Excise Act and the goods are therefore liable to Central Excise duty. Accordingly, the show-cause notices were con­firmed by the Commissioner of Central Excise vide the impugned order dated 8- 12-2009 and another show-cause notice dated 7-9-2009 was issued to them for the period 1-9-2008 to 6-3-2009 which was confirmed by the Addl. Commissioner on 24-3-2010. Against this Order-in-Original passed by the Addl. Commissioner, the appellant filed an appeal before the Commissioner (Appeals) who vide the Order No. 844/2010, dated 8-12-2010 rejected the party's appeal and the appellants are before this Tribunal against the Order-in-Original passed by the Commissioner dated 8-12-2009 and Order of the Commissioner (Appeals), dated 8-12-2010.
 
Appellant Contentions:-The Appellant submitted that the lower authorities have erred in passing the impugned orders without consider­ing and appreciating the provisions of law. Appellant further submitted that the contention of the Commissioner that specific entry for Zinc Dross w.e.f. 28-2-2005 would make the disputed product excisable and hence, the ratio of judgment relied upon by the appellants would not apply, is not correct. Appellant submitted that the process un­dertaken by the appellant is identical process involved in the case of Commis­sioner of Central Excise, Patna v. TISCO - 2004 (165) E.L.T. 386 (S.C.) wherein it was held that Zinc Dross arising as a by-product during the galvanization is not the excisable goods. Appellant further submitted that even the decision in the case of Commissioner Or Central Excise v. Indian Aluminium Co. - 2006 (203) E.L.T. 3 (S.C.). would squarely apply to the present case wherein the Hon'ble Supreme Court has held that Dross and skimming arise during manufacture but process therein not amounts to manufacture. Hence, the same are not liable to duty. He submit­ted that although Zinc Dross is sold, but the activity undertaken does not amount to manufacture. Hence, the duty is not payable. To attract duty, he sub­mitted that the article should be goods which should have come into existence as the result of manufacture. Therefore, the Zinc Dross does not fulfil these condi­tions and hence is not liable to duty. He submitted that in the case of Vishal Pipes - 2010 (255) E.L.T. 532 (Tri.-Del.) even for the period after the amendment in the Tariff, it has been held by the Tribunal that Zinc Dross is not excisable. He also relied on the Tribunal's decisions in the case of Uttam Galva Steels Ltd. vide Order Nos. A/637-638/2011/EB/C-II, dated 30-6-2011 and M/s. Slugs India Ltd. vide Order No. A/779/2011/EB/C-11, dated 18-8-2011 12012 (278) E.L.T. 611 (Tri.)] in support of his contention.
 
Respondent Contentions:-The Respondent submitted that the Zinc Dross is a excisable product as it is specifically mentioned in the Central Excise Tariff and appellants are selling the goods in the form of Zinc Dross Slabs/ingots, which is a marketable commodity, hence attracts excise duty. Respondent referred adjudication order passed by the Commissioner on 8-12-2009 where the process undertaken by the assessee has been explained wherein the whole chain of processes are carried out on H.R. Coils to convert into G.P. Coils/sheets and finally into Zinc Dross slabs. Respondent also referred the Order-in-Original, wherein the Commissioner has examined the manufacturing activity whether the process undertaken by the assessee amounts to manufacture or not? He relied upon the following decision in support of his contention that Zinc Dross is a manufactured item and hence liable to duty:-
 
·         Kores India Ltd. v. Commissioner of Central Excise, Chennai - 2004 (174) E.L.T. 7 (S.C.)
·         Pratappur Sugar & Industries Ltd. v. Assistant Collector - 1992 (58) E.L.T. 452 (All.)
·         CEAT Ltd. v. Commissioner of Central Excise, Nashik vide Order Nos. A/508-510/2011/EB/C-II, dated 54-2011 [2012 (275) E.L.T. 561 (Tri.)].
·         Commissioner of Central Excise, Lucknow v. WIMCO Ltd. - 2007 (217) E.L.T 3 (S.C.)
·         Hindalco Industries Ltd. v. Union of India - 2009 (243) E.L.T. 481 (All.)
 
 
Reasoning of Judgment:-After hearing both sides, we find that the issue involved in these ap­peals is as to whether the Zinc Dross arising as a by-product during the process of galvanization is a manufactured product and liable to Central Excise duty. We find that this Tribunal had taken a view that Zinc Dross arising in the process of galvanization is not a manufactured product vide Order Nos. A/637- 638/2011/EB/C-II, dated 30-6-2011 in the case of Uttam Galva Steel Ltd. and Or­der No. A/779/11/EB/C-II, dated 18-8-2011 (supra) in the case of Slugs India Ltd. It is contention of the Revenue that amendment has been made in Tariff in March, 2005 to specifically cover the Zinc Dross under Chapter 79. It is further contended by the Revenue that definition of "Excisable goods" under Section 2(d) has also been amended w.e.f. 10-5-2008 by adding an explanation as under
 
"For the purposes of this clause, "goods" includes any arti­cle, material or substance which is capable of being bought and sold for a consideration and such goods shall be deemed to be marketable."
 
It is the submission of the Revenue that in view of specific entry in Tariff and amendment in definition of 'Excisable goods' Zinc Dross is excisable goods. We find that excisability of Zinc Dross was examined by this Tribu­nal in the case of Vishal Pipes (supra) for the period after both the amendments of 2005 and 2008 as period of demand in that case was March, 2005 to October, 2008. We also find that Tribunal in the case of Vishal Pipes (supra) relying upon the decision of the Hon'ble Supreme Court in the case of Indian Aluminum Co. Ltd. (supra) and TISCO (supra) has taken a view that Zinc Dross is not excisable goods. We, therefore, following the decision of coordinate Bench hold that Zinc Dross cleared by the appellant is not excisable product and hence not liable to duty. Accordingly, the Order-in-Original and Order-in-Appeal are set aside and the appeals are allowed.
 
Decision:-Appeal allowed.
 
Comment:-The analogy drawn from this case is that zinc dross arising as a by-product during the process of galvanization is not excisable product in view of decisions of Tribunal in various cases.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com