2005 (5) TMI 416 - AT - Central Excise

Summary

Issues:
Whether steel trestles fabricated at the site are considered manufactured goods for the purpose of attracting Central Excise duty.

Analysis:
The case involved a consideration of whether steel trestles fabricated at a site by the appellants should be classified as manufactured goods, thereby attracting Central Excise duty. The appellants were contracted by the Maharashtra Electricity Board for the installation of an Ash Handling Plant at a Thermal Power Station, which involved the construction of pipelines supported by steel trestles fabricated at the site. The appellants argued that the process of erecting pillars and interconnecting them to create steel trestles did not constitute manufacturing goods, as it involved activities like cutting, sizing, and welding typically carried out in the construction of permanent structures. The contention emphasized that goods are movable and tradable, whereas structures like trestles are permanently embedded in civil construction. During the proceedings, the learned Counsel presented a detailed write-up on the construction process and the features of the structure.

The Tribunal referred to the Lexicon Webster Dictionary to define trestles as a frame used for support, typically consisting of a horizontal beam fixed at each end to spreading legs, or a supporting framework composed of vertical or inclined pieces with or without diagonal braces for various purposes in civil engineering. The Tribunal concluded that the trestles in question were part of permanent civil construction, serving as a supporting frame for pipelines and designed by civil engineers not for manufacture and sale but for permanent installation. The nature of these trestles as permanent civil construction was highlighted by the dictionary explanation provided. Consequently, the Tribunal held that the steel trestles were not to be considered manufactured goods subject to Central Excise duty. The impugned order, which had held otherwise, was deemed unsustainable and set aside, allowing the appeal with any consequential relief for the appellant.