2005 (2) TMI 623 - AT - Central Excise

Summary

Issues:
1. Whether the activity undertaken by the respondents amounts to 'manufacture' under the Central Excise Act.
2. Whether the process of converting duplex board into Blister Cards constitutes 'manufacture'.
3. Whether the Commissioner (Appeals) erred in not considering the criteria laid down by the Supreme Court for determining 'manufacture'.
4. Whether the case warrants a remand for a decision on classification and allied issues.

Analysis:
1. The case involved a dispute where the respondents, engaged in printing publicity materials, were found to have manufactured Blister Cards and Baby Cartons without paying duty. The original authority imposed a demand and penalties, which were set aside by the Commissioner (Appeals), leading to the Revenue filing appeals.

2. The Appellate Tribunal noted that the Commissioner (Appeals) erred in determining whether the activity amounted to 'manufacture'. The Tribunal considered the process undertaken by the respondents, involving various steps like printing, varnishing, gumming, and cutting duplex board to create Blister Cards for packing pens. The Tribunal concluded that the Blister Cards were distinct from the starting material and met the criteria of 'manufacture' as per Supreme Court judgments.

3. It was observed that the Commissioner (Appeals) failed to apply the criteria set by the Supreme Court to determine 'manufacture'. The Tribunal agreed with the Revenue that the process of converting duplex board into Blister Cards constituted 'manufacture', as the final product was distinct in name, character, and commercial identity. The Commissioner was directed to reconsider classification and related issues in line with legal principles.

4. The Tribunal allowed the appeals by remanding the case to the Commissioner (Appeals) for a decision on classification and allied matters, emphasizing adherence to the law and principles of natural justice. The order was dictated and pronounced in open court, ensuring transparency in the judicial process.