2007 (7) TMI 135 - AT - Central Excise

Whether repair of transformer would amount to manufacture Replacement of transformer coil and change of some minor parts and repair of transformer does not amounts to manufacture Revenue failed to produce evidence that transformer loses its identity as such Revenue s appeal rejected

Summary

Issues involved:
Whether repair of a transformer amounts to manufacture.

Detailed Analysis:

The appeal before the Appellate Tribunal CESTAT, New Delhi raised the issue of whether the repair of a transformer would amount to manufacture. The respondents were engaged in manufacturing Power Distribution Transformers and also undertaking repair jobs on transformers supplied by State Electricity Boards. The dispute arose when it was alleged that the respondents were manufacturing complete transformers using only the Tank and Core parts received from the damaged transformers. The adjudicating authority dropped the proceedings based on a previous Tribunal decision. The Revenue appealed to the Commissioner (Appeals) who also rejected the appeal, leading to the current appeal by the Revenue.

The Departmental Representative contended that the damaged transformers were dismantled, and only the Core and Tank parts were handed over for repair. However, the Commissioner (Appeals) found that the Tank and Core parts were accompanied by other essential components, making it incorrect to claim that only those two parts were provided. The Tribunal referred to a previous case where it was held that repair involving replacement of parts does not amount to manufacture. In this case, there was no evidence presented by the Revenue that the repaired transformer lost its original identity. The respondent had also paid duty on the spare parts used in the repair process.

The Tribunal concluded that the present case fell within the scope of the previous decision, which had been upheld by the Supreme Court. As a result, the Tribunal found no grounds to interfere with the Commissioner (Appeals) order and rejected the appeal filed by the Revenue.

In summary, the judgment clarified that the repair of a transformer, involving the replacement of parts, does not amount to manufacturing a new transformer. The decision was based on the lack of evidence showing a change in the transformer's identity post-repair and the payment of duty on spare parts used in the repair process.