2004 (5) TMI 456 - AT - Central Excise

Summary

Issues: Duty liability on yarn cleared after winding/reeling from the factory.

Analysis:
1. The appellant, a yarn manufacturer, paid duty on single yarn at the spindle stage and later converted it into double yarn, etc., in the same factory. Some of the single yarn was sold after winding/reeling into hanks. The revenue authorities demanded higher duty on the cleared yarn post winding/reeling, arguing it was not captively consumed.

2. The appellant argued that deemed removal occurred upon duty payment at the spindle stage, and subsequent non-use for doubling did not warrant reassessment as duty payment is required at the time of goods removal. Citing precedents like Maheshwari Mills Ltd. v. C.C.E., Ahmedabad and C.C.E., Jaipur v. Banswara Syntex Ltd., the appellant contended that duty liability arises at the time and place of removal.

3. Upon reviewing the submissions and relevant provisions like Rules 9 and 49, the Tribunal found that goods are deemed removed once assessed and earmarked for future use within the factory. Liability to duty arises at the time of removal, and since the goods had already paid duty, reassessment upon sale post exempted processes like winding/reeling was unwarranted. The appeal was allowed in favor of the appellant, providing consequential relief.

This judgment clarifies the duty liability on yarn cleared after winding/reeling from the factory, emphasizing that duty payment at the spindle stage suffices for goods subsequently sold post exempted processes. The decision reaffirms the principle that duty liability arises at the time of removal, providing certainty to manufacturers regarding reassessment post initial duty payment.