1983 (8) TMI 285 - AT - Central Excise

Summary

Issues involved: Interpretation of Notification No. 119/75 for job-work benefit on wire nails manufactured from supplied wire.

Summary:
The appeal involved the question of whether M/s. Indian Steel Rolling Mills Ltd. was entitled to the benefit of job-work under Notification No. 119/75 for wire nails made from wires received from customers. The lower authorities contended that the conversion of wire into nails constituted full-fledged manufacturing, not job-work, and demanded duty payment on the full value of wire nails.

The appellants argued that they fulfilled the requirements of the notification by receiving wire from M/s. India Co. Pvt. Ltd., manufacturing nails, and returning them. Despite the absence of representation at the hearing, the appellants requested a merit-based decision considering their submissions.

The Senior Departmental Representative defended the lower authorities' decision, stating that the benefit of the notification applied only if cut wire pieces were supplied, not wire in running length. He argued that wire and nails were distinct articles, and returning nails made from wire did not constitute returning the same article after job-work.

Citing precedents including a Gujarat High Court judgment and a C.B.E.C. order, it was established that the job-worker returning an article supplied after processing qualified for the notification exemption, regardless of the article's nomenclature. The Gujarat High Court's interpretation of the notification was upheld, granting the appellants the benefit of Notification No. 119/75 for wire nails made from supplied wire. Consequently, the appeal was allowed, and the appellants were entitled to the notification benefit with a refund for the disputed period.