2005 (12) TMI 9 - AT - Central Excise

Summary

Issues:
1. Whether assembling of computers from bought out parts amounts to manufacture under the Central Excise Act, 1944.
2. Validity of the order passed by the Commissioner (Appeal) in relation to the above issue.
3. Appropriate penalty imposition on the respondent and Mr. P.K. Satapathy.

Analysis:
1. The Revenue filed appeals against the Commissioner (Appeal) order contending that assembling computers from bought out parts constitutes manufacture. The Tribunal referred to precedents where it was held that such assembling amounts to manufacture. The Tribunal found that the appellants admitted to assembling computers from bought out items, as confirmed by Shri PK. Satapathy's statement. Consequently, the Tribunal set aside the Commissioner's order and allowed the Revenue's appeal based on the established legal position.

2. The Tribunal noted the excessive duty demand and penalty imposed on the respondent, M/s. Bidyasree Trading Corpn. After considering the circumstances, the Tribunal deemed the penalty excessive and reduced it from Rs. 66,560.00 to Rs. 20,000.00. However, the penalty imposed on Mr. P.K. Satapathy was upheld, indicating a distinction in the penalty treatment between the company and the individual involved in the case.

3. In conclusion, the Tribunal ruled in favor of the Revenue, establishing that assembling computers from bought out parts does amount to manufacture under the Central Excise Act, 1944. The excessive penalty imposed on the respondent was reduced, while the penalty on Mr. P.K. Satapathy was upheld. This comprehensive judgment clarifies the legal stance on the manufacturing process of computers and the corresponding penalties in such cases.