1996 (7) TMI 556 - AT - Central Excise

Summary

Issues:
Determining whether the process of heat treatment with steam for pencil slats and seasoned timber amounts to manufacture.

Analysis:
The case involved a dispute over whether the process of heat treatment with steam on green slats to create pencil slats and seasoned timber constitutes manufacturing. The appellants argued that the processes did not result in a new product with distinct properties, citing a Supreme Court judgment on similar matters. The Department, however, contended that the processes led to the creation of a new product fit for pencil manufacturing. The Collector (Appeals) had ruled in favor of the Department, prompting the appellants to appeal to the Tribunal.

The Tribunal analyzed the processes undertaken, which included heat treatment with steam to facilitate color penetration and removal of water content and natural resins, resulting in a loss of density. The key question was whether these processes transformed the green slats into a new product. The Tribunal noted that the treated timber slats exhibited different properties, such as the ability to withstand high temperature and pressure for color penetration, softening, and resin removal. The Tribunal emphasized that the resulting product had distinct qualities from the original green slats, making it suitable for pencil manufacturing.

The Tribunal differentiated this case from the Supreme Court precedent cited by the appellants, highlighting the creation of a new product with unique characteristics in the current scenario. It concluded that the processes indeed amounted to manufacturing as they brought about a definitive change in the properties of the timber slats, making them suitable for pencil production. Therefore, the Tribunal upheld the Collector (Appeals) decision, ruling against the appellants and rejecting their appeal.