2014 (3) TMI 973 - HC - Central Excise

Benefit of Notification No. 46 of 1994 dated 1-3-1994 and Notification No. 56 of 1995 dated 16-3-1995 - whether the machinery ESWTU, (Electro Static Water Treatment Unit), that is being manufactured by the appellant under the name and style of Scalemaster is capable of production of a commodity - Held that - As in the present day of outsourcing every aspect of industrial activity we can visualise a situation wherein a user industry may contract out supply of treated water of a specified quality, which in turn may be useful in the user industry. If such possibility exists, if the contention of the appellant is to be accepted that the machinery as being manufactured by them is capable of converting hard water into soft water and water laden with minerals, impurities into usable water, one may not be able to say the machinery is not capable of production of a commodity . The claim of the appellant is for exemption under Section 5 of the Act. A perusal of the table would indicate the exemption is basically product specific and wherever the legislature thought it fit to impose a condition they have done so. - there is no qualifying word before the commodity as a marketable commodity . In other words, if the machinery is capable of production of a commodity, the exemption notification would have to be given effect. Matter remanded back - Decided in favour of assessee.

Summary

Issues:
Interpretation of whether machinery manufactured qualifies as production of a commercial commodity for excise duty exemption under specific notifications.

Analysis:
The primary issue in this case revolves around determining whether the machinery manufactured by the appellant, known as Scalemaster, qualifies as producing a commercial commodity for the purpose of excise duty exemption under Notification No. 46 of 1994 and Notification No. 56 of 1995. The appellant argued that the machinery is capable of producing treated water, which is distinct from ordinary water and has commercial value in various industries. The Department contended that the machinery merely improves the efficiency of equipment by treating water, without producing a new commodity as defined under the Central Excise Act. The Tribunal and lower authorities accepted water as a commodity but questioned whether the machinery directly contributes to its production.

Upon thorough examination, the Court acknowledged the potential for the machinery to convert hard water into soft water and process mineral-laden water into usable form, thereby creating a distinct product with commercial value. The Court highlighted the broader concept of production, emphasizing that processing can fall under the ambit of manufacturing, as recognized by previous judicial precedents. The Court also referred to specific provisions in the Central Excise Act and relevant notifications, indicating that if the machinery is capable of producing a commodity, it should qualify for exemption. Notably, the absence of qualifying words like 'marketable commodity' in the relevant notification suggests a broader interpretation of production.

Consequently, the Court decided to remand the case back to the primary authority for further investigation. The primary authority is directed to examine whether the machinery manufactured by the appellant is indeed capable of producing a commodity, as the Tribunal failed to provide a conclusive finding on this crucial aspect. The appellant is to be given an opportunity to substantiate their claim, and if it is established that the machinery contributes to the production of a commodity, the excise duty exemption under the relevant notification should be granted accordingly.

In conclusion, the appeal was disposed of with the aforementioned directions, and any related miscellaneous petitions were closed without costs being imposed. The judgment underscores the importance of a comprehensive assessment of whether machinery contributes to the production of a commercial commodity to determine eligibility for excise duty exemptions under specific notifications.