2009 (11) TMI 709 - AT - Central Excise

Summary

Issues:
- Demand of duty on sub-assemblies in the intermediate stage of manufacture of exempted tractors.
- Requirement of marketability for excisability of a product.
- Dispute regarding the need for bringing the theory of marketability in the case.
- Decision on the Department's appeal and the cross-objection filed by the respondents.

Analysis:
1. The judgment revolves around the demand of duty amounting to Rs. 8,66,51,828 on sub-assemblies in the intermediate stage of manufacturing exempted tractors. The adjudicating Commissioner's detailed order concluded that these sub-assemblies do not meet the marketability condition and hence are not subject to excise duty. However, the Department's appeal, based on the Board's review order, contested the necessity of proving marketability. The Tribunal noted the established principle that for a product to be excisable, it must fulfill both the criteria of manufacture and marketability. Despite the Board's stance, no evidence was presented to establish the marketability of the sub-assemblies. Consequently, the Tribunal upheld the adjudicating Commissioner's order, rejecting the Department's appeal.

2. The second issue addressed the cross-objection filed by the respondents. The Tribunal clarified that the cross-objection essentially functioned as a response to the Revenue's appeal. As a result, the Tribunal disposed of the cross-objection in light of the decision on the Department's appeal. The judgment emphasized the importance of meeting the dual criteria of manufacture and marketability for a product to be subject to excise duty, highlighting the need for evidentiary support to establish marketability in disputed cases. The Tribunal's decision to reject the Department's appeal underscored the significance of adhering to established legal principles in excise matters, ensuring clarity and consistency in tax liability determinations.