2006 (1) TMI 407 - AT - Central Excise

Summary

Issues Involved:
Eligibility for benefit under Notification No. 51/93-C.E. for fabric infeed device panel.

Issue Analysis:

The appeal before the Appellate Tribunal CESTAT, Mumbai involved the eligibility of the fabric infeed device panel for the benefit under Notification No. 51/93-C.E. The dispute arose from the Revenue challenging the order of the Commissioner of Central Excise (Appeals) in Ahmedabad. The specific issue was whether the fabric infeed device panel manufactured by the respondents qualified for the concessional rate of duty under the notification.

The Tribunal noted that the item in question fell under Serial No. 20 of the table to Notification No. 51/93, which covers goods falling under Chapter Heading 85.43 and pertains to "machinery used for the production of a commodity." The Revenue contended that the fabric infeed device panel was not a complete machinery in itself but rather a part of machinery. As per the relevant notification, only complete machinery used for the production of a commodity was entitled to the concessional rate of duty.

The lower appellate authority had based its decision on a previous order of adjudication that extended the benefit of the notification to the fabric infeed device, considering it a complete machinery. However, the respondents failed to prove that the fabric infeed device panel was a separate unit and not a spare part of the fabric infeed device. They also did not demonstrate that it met the criteria of being machinery used for the production of a commodity as per the conditions specified in the notification.

Given the lack of substantiation by the respondents regarding the fabric infeed device panel being a complete unit in itself and the reliance on the earlier order that granted the benefit to a complete unit, the Tribunal ruled in favor of the Revenue. Consequently, the impugned order was set aside, and the appeal by the Revenue was allowed.

In conclusion, the Tribunal held that the fabric infeed device panel did not qualify for the concessional rate of duty under Serial No. 20 of the table to Notification No. 51/93, as it was not established to be a complete machinery in accordance with the conditions specified in the notification.