2010 (12) TMI 270 - AT - Central Excise

Demand - The Honrable Supreme Court by order dated 13.7.04 dismissed the SLP filed by Union of India against the Delhi High Courts judgement in the case of Union of India vs. Faridabad Iron & Steel Traders Association reported - Consequently it was settled that the goods which have undergone mere cutting and slitting operations could not be considered as manufactured goods - The appeal filed by the department is rejected against the order of the Commissioner(A) by which the order of the original authority confirming demand of duty and imposition of penalty of equal amount was set aside

Summary

Issues Involved:
Appeal against order confirming demand of duty and penalty imposition set aside by Commissioner (Appeals), Cross objection in support of Commissioner (Appeals) order.

Analysis:
The appeal before the Appellate Tribunal CESTAT, DELHI was filed by the department challenging the order of the Commissioner (Appeals) which had set aside the confirmation of demand of duty and imposition of penalty equal to the amount. The relevant facts of the case involved a manufacturer of motor vehicle parts receiving HR/CR coils from a supplier. A Supreme Court order had clarified that goods undergoing cutting and slitting operations could not be considered as manufactured goods. Subsequently, a circular was issued withdrawing an earlier circular that was contrary to the court's decision. The original authority sought to deny credit taken by the appellants based on the supplier not paying duty.

The Tribunal emphasized that the jurisdictional officer receiving inputs cannot question the decision made by the jurisdictional officer supplying the inputs. It was undisputed that the supplier had paid duty, and the appellants had taken credit as allowed by law. The officers at the respondent unit lacked the authority to determine the excisability or classification of received inputs. Therefore, the Tribunal found no reason to interfere with the Commissioner (Appeals) order.

The Tribunal rejected the department's appeal, upholding the Commissioner (Appeals) decision. Additionally, the cross objection supporting the Commissioner (Appeals) order was also disposed of in the same manner.