2008 (4) TMI 597 - AT - Central Excise

Demand and penalty - Revenue neutrality - Returned goods - Rule 173H of the Central Excise Rules 1944 - deemed manufacture

Summary

Issues: Duty demand under Rule 173H of Central Excise Rules, 1944 and penalties imposed for not following Rule 173L procedure.

In this case, the appellants brought back duty paid pesticides to their factory for repacking and other processes under Rule 173H of the Central Excise Rules, 1944. The appellants relabeled damaged products, changed sealing sleeves for leakage, and replaced damaged containers. They also refilled goods in smaller packs with new labels, which was considered as manufacturing under Chapter Note 2 of Chapter 38. A duty demand of Rs. 1,47,294/- was confirmed, and penalties were imposed for not following the procedure under Rule 173L. The Tribunal observed that the processes undertaken by the appellants amounted to manufacture. The appellants argued that their processes were similar to those in a Trade Notice and cited a Tribunal judgment to support their claim that their activities did not fall under the circumstances where a process amounts to manufacture. The Tribunal agreed with the defense arguments, noting that the appellants' actions were revenue neutral and beneficial to both parties. The appellants claimed that any value addition or price increase led to the payment of differential duty. The Tribunal concluded that even if the appellants' process was irregular, it was revenue neutral and beneficial to both parties. Therefore, the appeal was allowed with consequential benefits, as pronounced in the open court.