2003 (9) TMI 416 - AT - Central Excise

Summary

Issues:
Claim of Excise duty on plastic bottles for captive consumption in packing I.V. Fluids.

Analysis:
The case involved a dispute over the imposition of Excise duty on plastic bottles manufactured and used by the appellants for packing I.V. Fluids for captive consumption. The appellants argued that no separate manufacturing of plastic bottles occurred, and thus, the levy of duty was unjustified. The Adjudicating Authority confirmed the duty demand, imposed penalties, and ordered recovery of interest. The appellants contended that the plastic bottles were formed in an integrated process of packing I.V. Fluids and did not exist independently. They cited various judgments to challenge the levy, including cases like CCE v. Milk Plant and M/s. Super Cassette Industries v. CCE, which were distinguished by the Commissioner based on the specific processes involved in each case.

The Commissioner held that the plastic bottles emerged during the manufacturing process of I.V. Fluids and were formed, filled, and sealed within an integrated process. The Commissioner relied on the claim made by the appellants themselves regarding the manufacturing process. However, the Tribunal disagreed with the Commissioner's findings. The Tribunal noted that similar cases involving products like poly pouches had been held non-excisable as they were not marketable independently. The Tribunal found no basis for the distinctions made by the Commissioner in citing case laws and circulars. Additionally, the Tribunal referred to the case of Moti Laminates v. CCE, where captively consumed goods not marketable were not subjected to excise duty. The Tribunal emphasized the lack of evidence showing that the plastic bottles could be sold independently of their contents, unlike glass bottles used by the appellants for the same purpose.

Ultimately, the Tribunal set aside the impugned order, allowing the appeal in favor of the appellants. The Tribunal concluded that the plastic bottles used for packing I.V. Fluids were not subject to excise duty as they were not capable of being marketed independently.