2007 (7) TMI 58 - AT - Central Excise

Dutiability Revenue contended that the sample drawn for testing by the appellants are liable to pay duty Held that revenue contention was not correct and set aside the demand

Summary

Issues:
Stay petitions appeals against Orders-in-Appeal regarding excisability of samples drawn for testing.

Analysis:
The appellants, manufacturers of Doubled Edged Safety Razor Blades, drew samples for testing to comply with ISI specifications. The Revenue proceeded against them citing CBEC's Central Excise Manual of Supplementary Instructions. The lower authority found the appellants not liable to pay duty on samples drawn, but the Revenue appealed to the Commissioner (Appeals) based on Board's Instructions, who held the samples liable for duty and remanded the matter for re-quantification. The issue was argued to be covered by a Tribunal decision in a similar case.

Considering the matter, it was highlighted that finished products must be tested for quality and standards before marketability. Referring to a Tribunal decision, it was emphasized that testing is essential for making goods marketable, and products cannot be sold without testing. Citing a Supreme Court case, it was established that goods destroyed in quality control testing are not liable for excise duty. Thus, it was concluded that samples cleared for mandatory testing are not subject to duty payment, leading to the allowance of the appeals with consequential relief.

The judgment was pronounced in open court, and the learned Advocate's request for issuing the order by hand was considered, directing the Registry to expedite the issuance of the order.