1996 (4) TMI 533 - AT - Central Excise

Summary

Issues:
Admissibility of concession under Notification No. 119/75 for manufacture on job work basis.

Analysis:
The appeal was against a decision related to the admissibility of a concession under Notification No. 119/75 for manufacturing on a job work basis. The appellants manufactured corrugated cartons on a job work basis using material supplied by customers and charged job work charges. The Collector held that the process undertaken resulted in a new and distinct product, which, according to the Revenue, would not qualify for the concession. The appellants argued that the emergence of a new product should not disqualify them from the concession as the Notification itself refers to 'manufacture'.

The Revenue contended that only processes incidental or ancillary to the completion of the manufactured product would be eligible for the concession. Since corrugated boxes were considered distinct from cardboard, the concession was deemed inadmissible. The Tribunal referred to the Supreme Court's decision in Prestige Engineering (India) Ltd. v. Collector of Central Excise, Meerut, which clarified that the Notification was intended to benefit small-scale manufacturers undertaking job work, even if minor items were added. The Court distinguished cases where the job worker supplied raw material of substantial value, stating that such work could not be categorized as job work.

The Tribunal concluded that the appellants' additions of clipping and slitting were not of substantial value, and the manufacture primarily resulted from the raw material supplied by them. Citing the Supreme Court's judgment in Prestige Engineering, the Tribunal allowed the appeal, setting aside the impugned order. The decision aligned with the Apex Court's interpretation and application of Notification No. 119/75 in cases of job work manufacturing.