1984 (2) TMI 344 - AT - Central Excise

Summary

Issues Involved:
1. Applicability of Notification No. 119/75-C.E., dated 30-4-1975.
2. Whether the conversion of acetic acid into acetic anhydride constitutes "manufacture" under Section 2(f) of the Central Excises and Salt Act, 1944.

Detailed Analysis:

1. Applicability of Notification No. 119/75-C.E., dated 30-4-1975
Contention and Interpretation:
The appellant argued that the benefit of Notification No. 119/75 should apply to their case, asserting that the conversion of acetic acid into acetic anhydride on a job work basis should not negate the applicability of the notification. They relied on the precedent set by the Gujarat High Court in "1978 E.L.T. 533 (Anup Engineering Ltd. v. Union of India)," which held that the article supplied by the customer must undergo a manufacturing process and be returned after the process, with excise duty levied only on the job work charges.

Judicial Precedents:
Several cases were referenced to interpret the notification:
- 1978 E.L.T. 533 (Anup Engineering Ltd. v. Union of India): The Gujarat High Court held that the notification exempts job workers from paying duty on the total value of the article, only on job work charges.
- 1982 E.L.T. 370 (Mad.) (Madura Coats Ltd. v. Superintendent of Central Excise): The Madras High Court observed that if the materials supplied lose their identity and result in a new product, the concession under the notification is not applicable.
- 1983 E.L.T. 876 (Cal.) (Associated Pigments Ltd. v. Collector of Central Excise, Calcutta): The Calcutta High Court held that converting pure lead into lead suboxide and lead monoxide qualifies for exemption under the notification as it does not amount to "manufacture" under Section 2(f).

Tribunal's Interpretation:
The Tribunal noted conflicting decisions regarding the notification's applicability:
- Order No. C-17/83 (Waldies Ltd. v. Collector of Central Excise): Held that converting lead into litharge does not qualify for the notification's benefit.
- 1983 E.L.T. 2382 (Orissa Construction Corporation v. Collector of Central Excise): Held that the fabrication of radial gates from sheets of steel and iron does not qualify for the notification's benefit.
- 1983 E.L.T. 2396 (Indian Steel Rolling Mills Ltd. v. Collector of Central Excise): Held that cutting wire nails from wires supplied in running lengths qualifies for the notification's benefit.

2. Whether the Conversion of Acetic Acid into Acetic Anhydride Constitutes "Manufacture"
Chemical and Legal Analysis:
The Tribunal examined whether the conversion of acetic acid to acetic anhydride constitutes "manufacture" under Section 2(f) of the Act. The appellant argued that acetic acid and acetic anhydride are not fundamentally different, as the process merely involves the removal of one molecule of water.

Chemical Examiner's Report:
The report indicated that acetic acid and acetic anhydride are distinct products with different chemical properties and structures.

Judicial Precedents:
- Union of India v. Delhi Cloth and General Mills Co. Ltd. (AIR 1963 S.C. 791): The Supreme Court held that "manufacture" involves bringing into existence a new substance known to the market.
- South Bihar Sugar Mills Ltd. v. Union of India: Reinforced the principle that a new product with a distinct name, character, and use constitutes "manufacture."

Tribunal's Conclusion:
The Tribunal concluded that the conversion of acetic acid into acetic anhydride results in the creation of a new product with a distinct name, character, and use, thereby constituting "manufacture" under Section 2(f). Consequently, the appellant is not entitled to the exemption under Notification No. 119/75.

Final Decision:
The appeal was rejected, affirming that the conversion of acetic acid into acetic anhydride constitutes "manufacture," and thus, the exemption under Notification No. 119/75 is not applicable.

Conclusion
The Tribunal's decision underscores the importance of distinguishing between "manufacture" and processes ancillary or incidental to the completion of a manufactured product. The conversion of acetic acid into acetic anhydride was deemed a manufacturing process resulting in a new product, thereby attracting excise duty and disqualifying the appellant from the benefits of Notification No. 119/75.