2007 (7) TMI 25 - AT - Customs

Manufacture - Revenue contended that appellant activity of labeling after import of dietary supplement is amount to manufacture and accordingly demand were made along with penalty - Held that revenue contention was not correct and set aside

Summary

Issues:
Whether affixing an additional label on imported dietary supplements amounts to 'manufacture' attracting Central Excise Duty.

Analysis:
The appellant imported dietary supplements in retail packets with labels. After customs clearance, they affixed another label and sold the goods. A show cause notice alleged that affixing the additional label constituted 'manufacture' attracting Central Excise Duty. The notice relied on the note to Chapter 21 of the Central Excise Tariff and Section 2(f) of the Central Excise Act.

The appellant argued that affixing the label did not amount to 'manufacture' as per the note or definition. The Commissioner held that the labeling enhanced marketability, falling under the second part of the note. The appellant contended that the second part was not the basis of the notice and that affixing the label did not relate to making the product marketable, as it was already marketable at import.

The Tribunal noted that the note had two parts: labelling/re-labelling and adoption of any other treatment. The second part did not apply to the appellant's case, as the product was already marketable at import. The Tribunal emphasized that 'making the product marketable' means making it ready for marketing, not for every stage of sale. Therefore, affixing the label did not attract excise duty, and the appeal was allowed.

In conclusion, the Tribunal set aside the impugned order, ruling in favor of the appellant and providing consequential relief.