2008 (5) TMI 239 - AT - Central Excise

Telephone cables destroyed in the factory of the assessee in mandatory quality control test dutiability held that unless and until quality control tests were carried out cables manufactured by the appellants therein could not be considered as fully manufactured further held that, RG-1 stage was reached only after completion of the mandatory destructive tests therefore, no duty is payable by the assessee on the parts of cables destroyed in test assessee s appeal is allowed

Summary

Issues:
1. Duty demand on telephone cables destroyed during quality control test.
2. Applicability of quality control tests for determining completion of manufacturing process.
3. Compliance with prescribed procedures for remission of duty.
4. Applicability of previous tribunal decisions on similar issues.

Analysis:
1. The issue in this case pertains to the duty demand on telephone cables destroyed during quality control tests conducted by the appellant. The Commissioner (Appeals) affirmed the duty demand, relying on a previous order of the CESTAT. The Tribunal had observed that in order to qualify for remission of duty on destroyed cables, the appellant had to follow prescribed procedures to demonstrate that the cables became unfit for consumption. As the appellant had not followed the prescribed procedure, the duty demand was upheld.

2. The appellants relied on a decision upheld by the apex court regarding quality control tests being mandatory before goods could be considered fully manufactured. The Tribunal held that cables could not be considered fully manufactured until quality control tests were completed. The appellant argued that the cables became useless during the quality control test and could not be considered excisable goods. The Tribunal's decision in a similar case was upheld by the apex court, supporting the appellant's position.

3. The learned SDR argued that the issue had been decided against the assessee in a previous case where the Tribunal's decision had to be followed in the absence of an appeal by the assessee. The Tribunal had laid down a ratio to be followed in such cases, emphasizing the importance of compliance with previous decisions.

4. After considering the facts and submissions, the Tribunal found that the manufacture of cables was complete only after passing the mandatory quality control tests. The goods reached the RG-1 stage only after completion of these tests. Therefore, the Tribunal concluded that no duty was payable on the destroyed cables during the quality control tests. The impugned demand was deemed unsustainable, and the appeal was allowed with consequential relief.

This detailed analysis of the judgment highlights the key issues addressed by the Tribunal regarding duty demands on destroyed cables during quality control tests and the applicability of previous decisions in similar cases.