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2019 (6) TMI 1560 - HC - Central ExciseInterest on delayed payment of duty - respondent s contention is that the petitioner is liable to pay interest as per the rates applicable from time to time with effect from 12-9-1995 on the belated payment of duty - HELD THAT - The petitioner paid duty, but they have not paid interest. Subsequently, when the matter was tested before the Hon ble Apex Court in the petition filed by the petitioner and others, the Hon ble Apex Court has held that the tarpaulin made-ups would not amount to manufacture, since the process does not bring into existence a new and distinct product with total transformation in original commodity and hence, the question of levying Excise Duty and consequently, claiming interest under Section 11AA of the Act is not acceptable. Appeal allowed - decided in favor of appellant.
Issues Involved:
1. Classification of Tarpaulin Fabric under Central Excise Tariff Act, 1985. 2. Validity of extended period invocation under Section 11A of Central Excise Act, 1944. 3. Levy of interest under Section 11AA of Central Excise Act, 1944. 4. Definition and scope of "manufacture" under Section 2(f) of Central Excise Act, 1944. Issue-wise Detailed Analysis: 1. Classification of Tarpaulin Fabric under Central Excise Tariff Act, 1985: The petitioner Mills, a manufacturer of Tarpaulin fabric and Tarpaulin made-ups, challenged the classification of their product under CSH 5906.90 by the Commissioner of Central Excise, Chennai. The Tribunal upheld this classification, but the Supreme Court later ruled that the application of the extended period under Section 11A was incorrect, thereby setting aside the Tribunal's decision. The Supreme Court further clarified that the process of cutting, stitching, and fixing eyelets to tarpaulin does not amount to manufacture, as it does not transform the basic character of the raw material. Consequently, the classification under CSH 5906.90 was deemed inappropriate. 2. Validity of Extended Period Invocation under Section 11A of Central Excise Act, 1944: The Commissioner of Central Excise invoked the extended period of limitation under Section 11A to demand duty and impose penalties. However, the Supreme Court ruled that this invocation was incorrect. The Tribunal's rejection of the petitioner's prayer not to invoke Section 11A was set aside, and the demand for duty and penalties based on this extended period was invalidated. 3. Levy of Interest under Section 11AA of Central Excise Act, 1944: The Assistant Commissioner of Central Excise demanded interest under Section 11AA from the date of the original order (24-7-1995). The petitioner argued that interest should only be calculated from the date of the Supreme Court's order (5-5-2004). The Court found that since Section 11AA was introduced only in the Finance Bill, 1995, it could not be applied retroactively to periods before its enactment. Thus, the demand for interest from the earlier date was invalid. 4. Definition and Scope of "Manufacture" under Section 2(f) of Central Excise Act, 1944: The Court examined the definition of "manufacture" under Section 2(f) of the Act, which includes any process incidental or ancillary to the completion of a manufactured product. The Supreme Court held that the process of stitching and fixing eyelets does not result in a new and distinct product with a different name, character, or use. Therefore, the process does not qualify as "manufacture," and no excise duty could be levied on tarpaulin made-ups. The Court reiterated that merely falling within the Schedule does not make an article dutiable unless it is recognized as "goods" in the market. Conclusion: The Court quashed the show cause notice classifying the coated cotton fabric (Tarpaulin Fabric) and the demand for interest under Section 11AA. It upheld the Supreme Court's finding that the process of converting tarpaulin into tarpaulin made-ups does not amount to manufacture. Consequently, the levy of duty and interest was deemed unsustainable. The appeal was allowed, and the connected miscellaneous petitions were closed.
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