2002 (4) TMI 875 - AT - Central Excise

Summary

Issues:
Interpretation of the term "job worker" under Rule 57-S for the purpose of duty liability and penalty waiver.

Analysis:
The appeal before the Appellate Tribunal CEGAT, New Delhi involved the issue of whether M/s. FCC Rico Ltd. should be considered as job workers of M/s. Rico Auto Industries Ltd., thus affecting their duty liability and penalty. The appellants had removed 13 sets of dies to M/s. Rico Auto Industries Ltd., which used these dies for manufacturing components. The Department alleged duty evasion as the appellants did not receive raw materials from the principal manufacturer. The appellant's counsel argued for waiver of pre-deposit based on precedents where the Tribunal interpreted the term "job worker" under Rule 57-S differently from exemption notifications, leading to duty payment in accordance with the law. The counsel cited previous Tribunal decisions and distinguished a Supreme Court judgment to support their argument.

The Department, represented by the ld. DR, opposed the waiver request, citing judgments from various High Courts and the Supreme Court. They contended that since no raw material was supplied to the appellants, they could not be considered job workers, thus insisting on the deposit of the entire duty and penalty amount.

Upon hearing both parties, the Tribunal referred to a previous case involving similar facts where it was held that the appellant was indeed a job worker. The Tribunal analyzed the provisions of Rule 57-S and its sub-rules (8), (9), and (10), noting that the term "job worker" in these rules did not align with the definition in exemption notifications. The Tribunal emphasized that the scheme of Rule 57-S did not intend to equate "job worker" with the meaning in exemption notifications, thereby supporting the appellant's position. The Tribunal also highlighted that previous decisions relied on by the Commissioner did not address the applicability of the job worker definition from other notifications to Rule 57-S(8). Consequently, the Tribunal ruled in favor of the appellant, dispensing with the pre-deposit of duty and penalty based on the interpretation of the term "job worker" under Rule 57-S.

The Tribunal's decision was influenced by its previous ruling in a similar case, further strengthening the appellant's argument. The matter was scheduled for regular hearing on a specified date following the waiver of pre-deposit.