2006 (3) TMI 612 - AT - Central Excise

Summary

Issues:
1. Application for early hearing of the appeal by Revenue.
2. Appeal against adjudication order passed by the Commissioner, Central Excise, Jaipur.
3. Disallowance of CENVAT credit and recovery of central excise duty.
4. Interpretation of the provisions of Section 11D of the Central Excise Act.
5. Applicability of Section 11D to the appellants.
6. Decision based on the judgment of the Supreme Court and previous Tribunal rulings.
7. Set aside of the impugned order and allowance of the appeal.

Analysis:
1. The Revenue filed a miscellaneous application for early hearing of the appeal, which was allowed by the Tribunal.
2. The appeal was filed by the Appellant against the adjudication order passed by the Commissioner, Central Excise, Jaipur.
3. The issue revolved around the disallowance of CENVAT credit availed by the Appellants and the recovery of central excise duty from their customers under Section 11D of the Central Excise Act, following the decision of the Supreme Court in a specific case.
4. The Tribunal found that the activity undertaken by the Appellants did not amount to manufacturing, as per the Supreme Court's decision, and therefore, they were not liable to pay central excise duty on the wires drawn from wire rods.
5. The Tribunal analyzed the provisions of Section 11D and concluded that they were not applicable to the Appellants as they were not liable to pay duty under the Central Excise Act due to the nature of their process not constituting manufacturing.
6. Referring to the judgment of the Supreme Court and a previous Tribunal ruling in a similar case, the Tribunal held that the Appellants, being registered dealers and not manufacturers, were not subject to the provisions of Section 11D.
7. Consequently, the Tribunal set aside the impugned order and allowed the appeal in favor of the Appellants, based on the interpretation of the law and the specific circumstances of the case.