2008 (1) TMI 327 - AT - Central Excise

100% E.O.U. - Revenue proceeded to deny the benefit of Notification No. 8/97in respect of the raw material Epoxy resin and Ager which were procured indigenously - Before polishing the granites, these two items are applied and after polishing processes they get eliminated - Board Circular clarifying the item to be consumables - held that that the raw materials used for the manufacture of polished granite slabs were consumables and therefore they are eligible for the benefit of Notification

Summary

Issues:
1. Eligibility of raw materials for benefit of Notification No. 8/97-C.E.
2. Denial of benefit by Revenue.
3. Interpretation of what constitutes raw materials.

Analysis:
1. The appeals arose from the Commissioner (Appeals) setting aside the demand confirmed by the Assistant Commissioner, denying the benefit of Notification No. 8/97-C.E. for raw material procured in India by a 100% E.O.U. The Commissioner deemed the raw materials used for manufacturing polished granite slabs, namely Epoxy resin and Ager, as consumables eligible for the benefit of the Notification. The Revenue challenged this decision in the appeals.

2. The Revenue argued that various consumables used in manufacturing polished granite slabs were not eligible for the Notification's benefit. The learned Representative highlighted a previous case where the benefit was upheld for Epoxy Resin and Ager used in a similar context. The Bench considered this argument and the cited judgments, emphasizing that the benefit of the Notification cannot be denied for these raw materials.

3. The Tribunal examined the issue in light of previous judgments and the definition of raw materials as per legal precedents. The Tribunal referenced the Apex Court's test for raw materials, emphasizing the necessity of the ingredient in the manufacturing process. The judgments analyzed the use of similar materials in different manufacturing processes and concluded that the items in question were consumables that did not remain with the end product, thus qualifying for the benefit of the Notification. The Tribunal found no merit in the Revenue's appeals and rejected them, following the established legal principles and precedents.

In conclusion, the Tribunal upheld the Commissioner (Appeals)' decision, ruling in favor of the assessee regarding the eligibility of raw materials for the benefit of Notification No. 8/97-C.E. The judgments and legal principles cited in the analysis supported the Tribunal's decision to dismiss the Revenue's appeals.