2017 (4) TMI 493 - AT - Central Excise

Manufacture - whether preparing branded MS and branded HSD by blending ordinary MS and HSD with MFA amounts to manufacture and whether the branded MS and branded HSD would be liable to duty once again under sub-headings 2710.11 and 2710.19 respectively? Held that - the identical issue came up before this Tribunal in the appellant s own case HINDUSTAN PETROLEUM CORPN. LTD. Versus COMMR. OF C. EX, DELHI & ROHTAK 2008 (9) TMI 154 - CESTAT, NEW DELHI , where it was held that blending of MS/HSD with MFA to make branded MS/HSD which sell at a premium only improves the quality of the product, and this process, would not amount to manufacture - demand set aside - appeal allowed - decided in favor of assessee.

Summary

Issues:
Whether blending duty paid Motor spirit and duty paid HSD with Multifunctional additives (MFAs) to prepare branded MS and HSD amounts to manufacture and whether the branded MS and HSD are liable to duty under specific sub-headings.

Analysis:
The appellant prepared branded Motor spirit and HSD by blending duty paid products with MFAs, claiming enhanced engine performance, reduced emissions, and improved mileage. The dispute revolved around whether this blending constituted manufacture and attracted duty liability under certain sub-headings. The adjudicating authority upheld the duty demand, leading to the current appeal.

The appellant argued that a previous tribunal decision supported their position, emphasizing that blending with MFAs did not amount to manufacture. The Tribunal reviewed the submissions and referred to the earlier case, where it was held that blending with MFAs did not change the fundamental characteristics or usages of MS and HSD, thus not constituting manufacture. The Tribunal cited precedents to support this conclusion, highlighting that enhancing marketability or value addition does not equate to manufacturing.

Furthermore, the Tribunal differentiated the present case from a previous judgment involving blending of different substances, emphasizing that in this instance, the blending with MFAs only improved product quality without altering basic characteristics or usability. The Tribunal concluded that the blending process did not meet the criteria for manufacture as per established legal principles.

Given the precedent set in the appellant's earlier case and the consistent reasoning applied, the Tribunal found the impugned order unsustainable. Consequently, the order was set aside, and the appeal was allowed with any necessary consequential relief.