2009 (3) TMI 773 - AT - Central Excise

Summary

Issues:
1. Confirmation of duty demand and penalty imposition.
2. Whether the process of pleating of fabric amounts to manufacture.
3. Evidence of any other process undertaken by the appellant for permanent pleating.

Analysis:

Confirmation of duty demand and penalty imposition:
The Commissioner, in the impugned order, confirmed the demand of duty amounting to Rs. 1,55,87,477/- and imposed an identical penalty under Section 11AC. Additionally, a penalty of Rs. 5 lakhs was imposed on a specific individual. The Tribunal, in a previous order, remanded the matter to determine if the process of pleating fabric constitutes manufacturing. The Commissioner's order lacked positive evidence to show any other process undertaken by the appellant to convert temporary pleating into permanent pleating. Due to the absence of evidence and the appellant's assertion that the pleating was temporary, the Tribunal found in favor of the appellant and allowed the stay petitions unconditionally.

Whether the process of pleating of fabric amounts to manufacture:
The central issue in the appeal was whether pleating fabric constitutes manufacturing. The Tribunal considered precedent decisions and the Chief Chemist's report, which suggested that processes like pleating are temporary and do not amount to manufacturing. The Commissioner failed to provide evidence of any other process undertaken by the appellant to make the pleating permanent. As the appellant consistently maintained that the pleating was temporary and in the absence of contrary evidence, the Tribunal sided with the appellant, allowing the stay petitions.

Evidence of any other process undertaken by the appellant for permanent pleating:
The Tribunal noted that the Commissioner did not present any positive evidence to demonstrate that the pleating process was made permanent by any additional steps taken by the appellant. Despite the Commissioner's assertion that the appellant had ceased manufacturing the product and sold the relevant machinery, rendering verification difficult, the Tribunal found in favor of the appellant due to the lack of evidence to the contrary. Consequently, the Tribunal ruled in favor of the appellant and allowed the stay petitions unconditionally.

This comprehensive analysis of the judgment highlights the key issues addressed by the Tribunal, focusing on the confirmation of duty demand, the nature of pleating fabric as manufacturing, and the absence of evidence supporting the imposition of penalties.