- (1.) In these appeals, we are concerned with the question of levy of excise duty on zinc dross and flux skimming arising during galvanisation of steel sheets. BRIEF FACTS OF THE CASE :
(2.) During galvanisation of steel sheets, zinc dross and flux skimming arises which the respondent/assessee has declared as by-product in their product manual published by the Marketing Division for information of customers. It has been alleged that zinc dross and flux skimming are being sold by assessee to various customers without making any declaration in the classification list, without paying any duty on clearance of the above product and without maintaining any records prescribed under the Central Excise Rules, 1944 besides showing them as non-excisable in their Despatch Advices. According to the Department, the assessees have cleared the goods without payment of duty and thus evaded duty in contravention of the Central Excise Rules, 1944 and in doing so they did not obtain Central Excise licence for manufacture of zinc dross and flux skimming as required under Rule 174 of the Central Excise Rules, 1944 inasmuch as they have suppressed the production and removal of the said goods with intent to evade payment of duty. CASE FOR THE DEPARTMENT :
(3.) A show cause notice was issued to the assessee to show cause why a penalty should not be imposed on them under the provisions of the Central Excise Rules, 1944 and why the duty be not demanded under Rule 9 (2) of the Central Excise Rules, 1944. CASE FOR THE PARTY :;