2014 (7) TMI 227 - AT - Central Excise

Waiver of pre-deposit - Manufacture - MS Pipes - cutting them into desired lengths as per specifications in Work Orders; welding flanges at both ends; in case of Tripod Sets, fitting flanges to the pipes and bends - Held that - uniform principle is propounded that transformation of long/straight MS Pipes/Tubes, either by cutting them into smaller dimensions or conversion into different shapes/curves such as bends, elbows, T pieces, Y pieces, joints, blocks, caps, pipe fittings, flanges, unions or collars - does not amount to manufacture, warranting levy of excise duty, on treatment as manufacture - since the Petitioners seem to have made out a strong prima facie case, pre-deposit of the adjudicated liability would cause undue hardship to the Petitioners. For these reasons, we grant waiver of pre-deposit in full and stay all further proceedings for realization of the adjudicated liability, pending - Stay granted.

Summary

Issues:
1. Confirmation of demand of excise duty, interest, and penalty.
2. Classification of process as manufacture under Central Excise Act.
3. Appeal seeking waiver of pre-deposit and stay of proceedings.

Analysis:
1. The appeals were filed against the Adjudication Order confirming the demand of excise duty, interest under Section 11AB, and penalty under Section 11AC of the Central Excise Act, 1944. Additionally, a penalty was imposed on one of the main Directors of the Appellant Company under Rule 26(1) of the Rules. The order was passed by the Commissioner of Central Excise, Kolkata-IV, amounting to a substantial liability.

2. The proceedings were initiated based on a show cause notice alleging that the Appellant Company had manufactured and supplied various types of pipes to a customer without remitting central excise duty. The Revenue treated the process as manufacture, resulting in the emergence of new products classifiable under different Chapter Headings. The Adjudication Order concluded that the process undertaken by the Assessee amounted to manufacture under Section 2(f) of the Central Excise Act, 1944, leading to the assessment of excise duty, interest, and penalties.

3. The Appellants cited various decisions, including those of the Supreme Court and Tribunal, to argue that the process of converting duty-paid pipes by adding components like flanges, bends, etc., does not amount to manufacture as defined in the Central Excise Act. The Tribunal noted a uniform principle from the cited decisions that such transformations do not warrant the levy of excise duty. Considering the strong prima facie case made by the Appellants and the undue hardship pre-deposit would cause, the Tribunal granted waiver of pre-deposit and stayed further proceedings pending the disposal of the Appeals.

In conclusion, the Tribunal granted relief to the Appellants by waiving the pre-deposit and staying further proceedings, citing the decisions of higher courts and tribunals that the process undertaken did not amount to manufacture under the Central Excise Act.