2011 (4) TMI 904 - AT - Central Excise

Industrial valves with brand names of others - process adopted by the appellants amount to manufacture - Held that - The reasoning adopted by the Commissioner (Appeals) that the appellant had the capability of manufacturing valves for not following the decisions cited before him stating that the processes conducted on the old Industrial valves did not amount to manufacture, even when brand name of another person was fixed are not very convincing. When there is no dispute that the appellant was manufacturing industrial valves, the question does not arise. Further, several decisions cited by the assessee are also applicable to the facts of this case - in favour of assessee.

Summary

Issues:
1. Whether the process of repairing and reconditioning old industrial valves amounts to manufacture for the purpose of duty liability.
2. Whether affixing brand names of other companies on industrial valves changes their character and duty liability.

Analysis:
1. The appellant, engaged in manufacturing industrial valves, faced a show-cause notice proposing duty demand, confiscation of goods, and penalty for clearing valves with brand names of other companies. The original authority dropped proceedings, stating repairing old valves did not amount to manufacture. On appeal, the Commissioner set aside the decision, remanding for duty re-calculation based on manufacturing process. The appellant argued that repairing valves did not constitute manufacture, citing precedents like Crompton Greaves Ltd. case. The Department contended the appellant set up a dummy firm to avoid duty by affixing other brand names. The Tribunal noted the extensive processes the valves underwent before being sold with different brand names, concluding that duty was applicable based on manufacturing activities.

2. The Commissioner disregarded precedents stating repairing old goods does not amount to manufacture. He noted the appellant's capability to manufacture valves under their own brand names and found the process of acquiring old valves, subjecting them to various processes, and affixing different brand names constituted manufacturing. The Tribunal disagreed with the Commissioner's reasoning, finding the appellant's manufacturing capability irrelevant when assessing the duty liability for the specific process in question. The Tribunal also found the cited precedents applicable to the case, ultimately setting aside the Commissioner's decision and allowing the appeal.