2001 (9) TMI 695 - AT - Central Excise

Summary

Issues:
Whether air ducts manufactured by M/s. Batliboi & Company Ltd. are chargeable to excise duty.

Analysis:
In this appeal, the issue at hand is whether the air ducts produced by the appellant are subject to excise duty. The appellant's advocate argued that the fabrication work carried out on G.I. sheets to create the ducts did not result in a new product until the sheets were installed as part of a humidification plant in the textile mills. It was contended that the ducts, once formed, became part of an immovable property and were not liable for excise duty. The advocate further emphasized that the fabricated items were not capable of being bought and sold in the market, hence not constituting goods attracting excise duty. Reference was made to previous judgments to support the argument that mere cutting, welding, and sizing do not amount to manufacture.

The respondent's representative countered by citing a case where it was held that ducts fabricated from steel plates or sheets were distinct from raw materials and not considered immovable goods. It was argued that the ducts were temporarily fixed using flanges manufactured by the appellant and were found to be marketable by the Commissioner (Appeals). The respondent stressed that marketability did not require open market sales but could involve selling goods with specific specifications to a particular buyer.

Upon considering both arguments, the tribunal referred to a Supreme Court case emphasizing the need to determine whether the manufactured goods are new, identifiable, and marketable. The tribunal noted that the question of marketability had not been adequately addressed by the Adjudicating Authority and, therefore, set aside the previous order. The matter was remanded to the Adjudicating Authority with directions to reassess both the aspects of manufacture and marketability after providing a fair hearing to the appellants. Consequently, the appeal was allowed for further examination and review.