2005 (4) TMI 347 - AT - Central Excise

Summary

Issues:
1. Whether the relationship between the assessee and their contractor is that of principal to principal or hired laborer.
2. Whether the item in question is goods and subject to duty.
3. Imposition of penalty on a party not involved in the proceedings.

Issue 1: The Tribunal remanded the matter to the Original Authority to determine the relationship between the assessee and their contractor. The Commissioner did not provide detailed findings and rejected the plea of principal to principal relationship. The appellants argued that their contractor, an SSI unit, had the necessary setup and the relationship was at arm's length. They cited precedents and a Board Circular to support their claim. The Tribunal found that the contract terms did not establish a hired laborer relationship and ruled in favor of the appellants, setting aside the Commissioner's order.

Issue 2: The Commissioner confirmed that the item in question was goods excisable to duty and not immovable property. The appellants contested the relationship aspect, asserting that the item was not tradable and went into the construction of immovable property. The Tribunal found that the Commissioner did not address whether the item was goods or not, leading to a non-speaking order. Citing previous judgments and the lack of examination by the Commissioner, the Tribunal set aside the order and remanded the matter for reconsideration.

Issue 3: The Revenue appealed the imposition of a penalty on a party not involved in the proceedings. The Board reviewed the matter and found the penalty on the party to be legally incorrect as they were not issued a show cause notice nor were they part of the proceedings. The Tribunal agreed with the Revenue's appeal, allowing it and emphasizing that imposing a penalty on a non-party was not lawful.

In conclusion, the Tribunal ruled in favor of the appellants on the relationship issue, set aside the Commissioner's order on the classification of the item as goods, and agreed with the Revenue's appeal regarding the improper penalty imposition on a non-party. The judgments cited, along with the contract terms and precedents, played a crucial role in the Tribunal's decisions.