2009 (8) TMI 881 - AT - Central Excise

Summary

Issues involved: Determination of excisability and dutiability of repaired transformers, remand proceedings, obligation of original adjudicating authority.

In the present case, the Appellate Tribunal CESTAT, AHMEDABAD, dealt with the issue of excisability and dutiability of repaired transformers. The appellant contended that the repairing activity does not amount to manufacture. The Commissioner (Appeals) remanded the matter to the original adjudicating authority to decide on the excisability of the goods. However, the Assistant Commissioner did not make a clear finding on whether the repairing activity constituted manufacture. The Tribunal emphasized that the primary issue of excisability needed independent consideration, irrespective of the appellant paying duty on the transformers. Consequently, the impugned order was set aside, and the matter was remanded for a proper determination on the manufacture and excisability of the repaired transformers.