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2013 (9) TMI 1008 - AT - Central ExciseWaiver of pre deposit - whether conversion of copper hot rolled coils into copper flats also known as patta/patti would amount to manufacture - Held that - Both the raw materials and the finished products remained as flat products only and the Tariff classification also did not undergo any change. No evidence has been lead by the Revenue to clearly establish that the product which has been obtained after rolling the copper hot rolled coils into copper flats resulted in a distinct commodity having a different name character and use. In the absence of any such evidence which is the primary responsibility of the Revenue the appellant has made out a strong case in their favour for grant of stay - Stay granted.
Issues:
1. Classification of copper rods and wires under Central Excise Tariff. 2. Whether drawing of copper flats into patta/patti amounts to manufacture. 3. Trading activity claim by the appellant. 4. Contradictions in the order regarding classification of copper rods and wires. 5. Examination of copper patta/patti as manufactured products. 6. Demand of duty on copper wires drawn from copper wire rods. 7. Grant of stay petition. Issue 1: Classification of Copper Rods and Wires The Tribunal found that drawing copper rods into copper wires constitutes a manufacturing process, as per Chapter Note 10 of Section 15 of the Central Excise Tariff. The Commissioner's order indicated contradictions in the classification of copper rods as finished goods and copper wires as raw materials, leading to a remand for re-verification at the Commissioner level. Issue 2: Drawing of Copper Flats into Patta/Patti The Tribunal examined whether the process of drawing copper flats into patta/patti amounts to manufacture. The Commissioner concluded that this activity constitutes manufacturing, as the transformation resulted in distinct products with different commercial uses, even though they fall under the same tariff heading. The Tribunal upheld this finding for further adjudication. Issue 3: Trading Activity Claim The appellant claimed engagement in trading activity for copper wires, rods, and strips. However, the Commissioner found no documentary evidence to support this claim, leading to the rejection of the trading activity defense. The Tribunal upheld this decision due to the lack of substantiating evidence. Issue 4: Contradictions in Order The Tribunal noted contradictions in the order regarding the classification of copper rods and wires as finished products and raw materials, respectively. This discrepancy required re-examination at the original authority level, emphasizing the need for clarity and consistency in classification. Issue 5: Examination of Copper Patta/Patti The Tribunal directed the Commissioner to determine whether copper patta/patti, obtained by drawing copper flats, qualifies as a manufactured product under Chapter Note 1(g) of the Central Excise Tariff. The need for a clear finding on whether the products assume the character of articles of other headings was highlighted for further assessment. Issue 6: Demand of Duty on Copper Wires Regarding the demand of duty on copper wires drawn from copper wire rods, the Tribunal acknowledged the manufacturing process as per Chapter Note 10. However, the appellant's turnover made them eligible for small-scale exemption, and a pre-deposit was made, warranting a grant of stay during the appeal process. Issue 7: Grant of Stay Petition After considering submissions from both sides, the Tribunal granted a waiver from pre-deposit of the balance of dues against the appellant and stayed the recovery during the appeal's pendency. The appellant's pre-deposit and bank guarantee were deemed sufficient protection for the Revenue's interests. This detailed analysis of the judgment addresses the various issues involved and the Tribunal's decisions on each aspect of the case.
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