1985 (3) TMI 262 - AT - Central Excise

Summary

Issues:
1. Whether the demand of duty under Item 29A(2) of CET from the appellants in respect of assembly of 22 coolers at the consumers' premises is legal and justified.
2. Whether the penalty imposed on the appellant for manufacturing coolers without a license is appropriate.

Analysis:

Issue 1:
The case involved a question of whether the demand of duty on 22 coolers assembled at consumers' premises was legal under Item 29A(2) of the Central Excise Tariff (CET). The appellant, an engineering graduate, was found to have sold component parts of coolers to consumers, who then assembled them at their premises. The Assistant Collector of Central Excise and the Appellate Collector upheld the duty demand against the appellant. However, the appellate tribunal noted that the sub-item 29A(2) imposes duty on units ordinarily sold as ready-assembled units. Since the coolers were assembled by consumers using component parts, the tribunal held that they did not attract duty liability under the said item. Citing a previous decision, the tribunal set aside the duty demand on the 22 coolers.

Issue 2:
Regarding the penalty imposed on the appellant, it was argued that the appellant, being inexperienced in Central Excise Rules, made mistakes out of ignorance and had sought guidance from local officers. The penalty of Rs. 250 was considered modest by the tribunal, and it was upheld as appropriate. The tribunal partially allowed the appeal, setting aside the duty demand on the 22 coolers but upholding the penalty imposed on the appellant for manufacturing other coolers without a license.

In conclusion, the tribunal ruled in favor of the appellant on the duty demand for the 22 coolers assembled at consumers' premises, citing that they did not attract duty liability under Item 29A(2) of the CET. However, the penalty imposed on the appellant for other manufacturing activities was upheld as appropriate.