2003 (3) TMI 372 - AT - Central Excise

Summary

Issues involved:
1. Eligibility of machineries and equipments manufactured at site for excise duty.
2. Determination of whether the Appellants are the manufacturers of the machineries and equipments.

Analysis:

Issue 1: Eligibility for Excise Duty
The appeal raised concerns regarding the eligibility of machineries and equipments manufactured at the site for excise duty. The Appellants argued that the items in question, fabricated at the site on a brick by brick basis, should not be considered excisable goods as they become part of immovable property and cannot be bought and sold as such. Reference was made to various decisions, including Dalsingpara Tea Estate v. CCE and TRF Ltd. v. CCE, to support this argument. The Appellants emphasized that dismantling the machineries into components for transportation would result in damage. The Tribunal noted that while the processes undertaken amounted to manufacture, goods should be capable of being brought to the market for sale to be liable for excise duty. The Commissioner's reliance on previous judgments was highlighted, and the Tribunal emphasized the need to assess marketability and the manufacturer of the goods.

Issue 2: Manufacturer of the Machineries
The contention regarding the Appellants' status as manufacturers of the machineries was also addressed. The Respondent argued that the Appellants provided designs, drawings, and supervision for the fabrication and assembly of the machineries, indicating their involvement in the manufacturing process. Reference was made to legal precedents, such as Triveni Engineering & Industries Ltd. v. CCE and Koron Business Systems Ltd. v. Union of India, to support the argument that the assembly of components amounted to manufacturing. The Tribunal emphasized the importance of determining the manufacturer liable for discharging the duty. It was noted that the contracts between the Appellants and job workers needed to be examined to ascertain the manufacturer of the goods in question. The matter was remanded to the Adjudicating Authority for further evaluation and providing a hearing opportunity to the Appellants.

In conclusion, the Tribunal allowed the appeal by remanding the case for a detailed examination of the marketability of the goods and determination of the manufacturer of the machineries and equipments.