2018 (8) TMI 1976 - AT - Central Excise

Manufacturer of goods - Job-worker or principal? - Railway parts classifiable under Chapter No. 86 of the First Schedule to the Central Excise Tariff Act, 1985 - HELD THAT - The job-worker is not the real manufacturer as the raw material was being supplied by the assessee and the job-worker was executing the work assigned to him by the assessee. As such, assessee s goods cannot be treated as manufactured by the job-worker. Appeal dismissed - decided against appellant-assessee.

Summary

Issues: Duty evasion on clearance of goods, job-work basis manufacturing, applicability of duty liability, evidence of relation between assessee and job-worker.

Analysis:
1. Duty Evasion on Clearance of Goods: The case involved the Appellants, engaged in manufacturing excisable goods, who were found to have not paid duty on goods valued at specific amounts for the financial years 2009-10 and 2010-11. The Revenue alleged that the goods were cleared without payment of duty under the guise of 'Trading Goods,' asserting that the goods were actually manufactured by the Appellants on a job-work basis.

2. Job-Work Basis Manufacturing: The Revenue issued a show cause notice to the Appellants, contending that the job worker should be treated as the manufacturer if they operate independently and not as an agent or dummy of the raw material supplier. The Appellants supplied raw materials, and after job work by M/s Element Compound & Alloys, the goods were returned to the Appellants' premises, inspected, and cleared as per Railway specifications. The Appellants had availed SSI exemption but were held liable for duty under Central Excise Rules.

3. Applicability of Duty Liability: The Assistant Commissioner confirmed the duty demand against the Appellants, imposing penalties under Section 11AB and 11AC. The Commissioner of Central Excise (Appeals) upheld the order, noting the absence of evidence establishing the relationship between the Appellants and the job-worker. The Tribunal, after hearing both sides, analyzed the evidence presented, including an unregistered agreement and jobworker register, and concluded that the job-worker was not the real manufacturer as raw materials were supplied by the Appellants.

4. Evidence of Relation Between Assessee and Job-Worker: The Tribunal determined that the job-worker was executing work assigned by the Appellants and, therefore, the Appellants could not shift the duty liability to the job-worker. Consequently, the Tribunal rejected the appeal, emphasizing that the Appellants' goods could not be considered manufactured by the job-worker. The decision was made based on the assessment of the facts and legal provisions governing job-work manufacturing and duty liability.

This detailed analysis of the judgment highlights the key issues addressed by the Tribunal concerning duty evasion, job-work manufacturing, duty liability, and the evidentiary requirements to establish relationships in such cases.