2015 (6) TMI 818 - AT - Central Excise

Waiver of pre deposit - manufacturing of RCC pipes at construction site or not - Benefit of Notification No.1/2011-CE(NT) dated 17.2.2011 - Held that - pipes in question were manufactured by the appellant in their factory and not at the construction site, in which case, the benefit of notification would not be available to them. We are of the prima facie of the view that inasmuch as the pipes are mainly manufactured in the factory the decision of the Delhi High Court relied upon by the appellant would not be applicable - letter instead of helping the appellant acts adverse to their interest. This letter clearly shows that manufacturing activity was not being done at the construction site but at a separate khata Number and separate site was taken for such fabrication which has nothing but appellant factory site. Such approval granted by the appellant s customer to the appellant will not change the scenario vis-a-vis their excise liability - prima facie case is against the assessee - Amount to be deposited as directed by the tribunal is not unreasonable.

Summary

Issues:
1. Modification of stay order regarding deposit amount in appeals.
2. Dispute over assessable value of RCC pipes manufactured by the appellant.
3. Applicability of Notification No.1/2011-CE(NT) dated 17.2.2011 for exemption.
4. Location of manufacturing of goods and its impact on eligibility for exemption.
5. Interpretation of Delhi High Court decision regarding goods manufactured at site.
6. Approval for shifting manufacturing site and its relevance to excise liability.
7. Justifiability of the deposit amount directed by the Tribunal.
8. Financial difficulties as a ground for modifying the deposit amount.

Analysis:
1. The appellant filed Miscellaneous Applications seeking modification of the stay order to deposit an amount of Rs. 40 lakhs for hearing their appeals. The total duty demand was Rs. 1.47 crores and Rs. 81.72 lakhs in separate cases. The dispute focused on the assessable value of RCC pipes manufactured by the appellant.

2. The appellant's counsel argued that the Tribunal was not made aware of Notification No.1/2011-CE(NT) exempting goods manufactured at the construction site for use in construction work. The period in question was from August 2008 to September 2011. The counsel cited a Delhi High Court decision supporting the exemption claim.

3. The Revenue contended that the goods were manufactured in the appellant's factory, not at the construction site, thus rendering them ineligible for the exemption under the Notification.

4. The Tribunal considered the Notification, granting exemption from duty for goods manufactured at the site during a specific period. However, evidence indicated that the RCC pipes were manufactured in the appellant's factory, not at the construction site, making them ineligible for the exemption.

5. The appellant claimed to have shifted the manufacturing site with the project officer's approval due to space and traffic issues. However, this shift did not alter the fact that manufacturing primarily took place at the factory, not the construction site.

6. The Tribunal found no reason to modify the stay order, as the deposit amount was reasonable and no financial difficulties were presented. The Tribunal directed the appellant to deposit Rs. 40 lakhs, considering the total demand and previous deposits made.

7. Despite rejecting the modification request, the Tribunal extended the deposit deadline by six weeks for compliance, ensuring fairness and adherence to statutory provisions.

This detailed analysis covers the issues raised in the legal judgment comprehensively, focusing on the arguments presented by both parties and the Tribunal's reasoning in reaching its decision.