2008 (6) TMI 176 - AT - Central Excise

Excisability - work stations/partitions/wall paneling - all of them cannot be considered as furniture as they are all fixed to the walls and the earth and they are formed at the site therefore these items are not excisable - as regards, movable items, value of the movable items manufactured by them fall within the SSI exemption limits therefore, items manufactured by the appellants cannot be charged to excise duty - there is no justification for imposition of any penalty

Summary

Issues:
- Appeal against Order No. 14/2005-C. Ex. Commr (Adjn) passed by the Commissioner of Central Excise (Adjn), Bangalore.
- Allegations of manufacturing and supplying furniture items.
- Demand of duty and imposition of penalties.
- Classification of items as excisable goods.
- Applicability of SSI exemption limits.
- Invocation of longer period due to bona fide doubt.

Analysis:
The appellant, engaged in turnkey work for interiors, filed an appeal against the order passed by the Commissioner of Central Excise alleging manufacturing and supplying of furniture items. The appellant contended that most items manufactured by them were immovable and not excisable goods, citing a Supreme Court decision. They argued that the items, such as work stations and wall panelling, were fixed to walls and ground, not removable furniture. The appellant also claimed that movable items fell within the Small Scale Industries (SSI) exemption limits. They relied on a Board's Circular and case laws to support their position, stating a bona fide doubt regarding excisability. The Revenue reiterated the contentions of the Adjudication Order.

Upon careful consideration, the Tribunal found that the items manufactured by the appellant, fixed to walls and earth, could not be considered as furniture and were not chargeable to excise duty. The value of movable items fell within the exemption limits during relevant periods. For instance, in 1999-2000, the value of excisable goods was only Rs. 1,27,072, well below the exemption limit of Rs. 50,00,000. Consequently, the Tribunal concluded that there was no justification for imposing any penalty. Therefore, the impugned order was set aside, and the appeal was allowed with consequential relief.

The Tribunal's decision was based on the nature of the items manufactured, their fixation to immovable property, compliance with SSI exemption limits, and the absence of grounds for penalty imposition. The appellant's argument regarding the non-excisability of the items due to their immovable nature and compliance with exemption limits proved persuasive, leading to a favorable outcome for the appellant in the appeal.