2008 (6) TMI 398 - AT - Central Excise

Summary

Issues:
1. Interpretation of exemption notification for concessional rates on paper pulp manufacturing.
2. Whether the entire manufacturing process needs to be conducted in the same factory to avail the benefit of the notification.

Analysis:

1. The case involved the interpretation of exemption notifications for concessional rates on paper pulp manufacturing. The appellant manufactured paper pulp from raw materials and sent it to a job worker for processing before receiving it back for further manufacturing. The Department contended that since the entire manufacturing process was not conducted in the appellant's premises, the benefit of the notification was not available. The appellant argued that the exemption notification did not require all processes to be undertaken in the same factory and that movements of goods for processing by a job worker were allowed under Notification No. 214/86.

2. The Tribunal carefully considered the submissions and the Board's circular from 1994. It was noted that the circular clarified that the exemption under the notifications was not available if paper or paper board was manufactured using imported or bought-out pulp. However, in this case, the appellant had used pulp manufactured only by them, and the final product was also manufactured in their own factory, even though certain processes were conducted at the job worker's premises. The Tribunal found that the appellant was eligible for the exemption notification as they had not used imported or bought-out pulp, and the final product was manufactured in their own factory.

3. Ultimately, the Tribunal held that the appellant was prima facie eligible for the exemption notification. Consequently, the Tribunal granted a waiver of the requirement of pre-deposit of dues and stayed the recovery of dues until the appeal was disposed of. This decision was based on the finding that the appellant met the conditions of the exemption notification by using self-manufactured pulp and completing the final manufacturing process in their own factory, despite certain processes being outsourced to a job worker.