2016 (11) TMI 1550 - HC - Central Excise

Whether the hot metal transport vehicle, jumbo electric platform truck trailer assembly used for oil storage tank and ladle transfer car are part of the plant and machinery? Held that - All these items are integrally connected to the manufacture of excisable goods. These are part and parcel of the manufacturing process. They are vehicles which cannot be used anywhere outside the factory. They are not vehicles which can be plied on public highways. They are not vehicles which can be registered under the Motor Vehicles Act. Therefore, they are the essentially plant and machinery. Appeal dismissed.

Summary

Issues:
1. Classification of hot metal transport vehicle, jumbo electric platform truck trailer assembly, and trailer assembly for oil storage tank as part of plant and machinery.
2. Interpretation of the judgment in Jayaswal Neco Ltd. v. Commissioner of Central Excise regarding the integral connection of certain items to the manufacturing process.
3. Misconceived appeal by the Commissioner of Central Excise post the Apex Court judgment.

Analysis:
1. The main issue in this case was the classification of specific vehicles and assemblies as part of plant and machinery. The Tribunal determined that the hot metal transport vehicle, jumbo electric platform truck, and trailer assembly for oil storage tank are integral to the manufacturing process of excisable goods. These items are specialized and not intended for public road use, being essential for transporting materials within the factory premises. The Tribunal's decision was based on the fact that these items are crucial components of the manufacturing process and cannot be used outside the factory, thus qualifying them as plant and machinery.

2. The judgment referred to in this case, Jayaswal Neco Ltd. v. Commissioner of Central Excise, highlighted the significance of certain components, like the railway track in that case, as integral parts of the manufacturing process. The Supreme Court in Jayaswal Neco Ltd. case emphasized that even movable components within the factory premises, like the railway track, can be considered capital goods essential for manufacturing. This interpretation was crucial in the present case to establish the classification of the hot metal transport vehicle, jumbo electric platform truck, and trailer assembly for oil storage tank as part of the plant and machinery due to their direct involvement in the manufacturing process.

3. The final issue addressed the surprising appeal filed by the Commissioner of Central Excise, Customs & Service Tax, Raipur post the Apex Court judgment in Jayaswal Neco Ltd. Despite the clear precedent set by the Supreme Court judgment, the Commissioner filed an appeal challenging the classification of the items in question. The High Court found this appeal to be misconceived and dismissed it, noting that the present case was squarely covered by the judgment in Jayaswal Neco Ltd. The Commissioner's appeal was deemed unnecessary and contrary to established legal principles, resulting in its dismissal by the High Court.