2005 (9) TMI 12 - AT - Central Excise

Compressor - cutting of lugs, opening and removing huks, testing, balancing of flywheel, filling oil and fitting of bracket to make then ready for use

Summary

Issues:
1. Whether the imported compressors, after undergoing certain processes, constitute excisable goods on which duty is paid.
2. Whether the processes undertaken by the respondent amount to manufacturing, and if the final products are dutiable.

Analysis:
The case involved an appeal by the Revenue against the order of the Commissioner of Central Excise (Appeals) regarding the classification of imported compressors and the processes they undergo. The main issue was whether the processes carried out by the respondent on the imported compressors amount to manufacturing, resulting in the production of excisable goods on which duty is paid. The respondent claimed that the processes were necessary for the compressors to be used and constituted a process of manufacture. On the other hand, the Revenue argued that the compressors were not subjected to any manufacturing process and should not be considered dutiable final goods.

Upon review, the tribunal observed that most of the processes undertaken by the respondent did amount to a process of manufacture, except for the testing of voltage and magnetic coils. The respondent had classified the compressors as final products in their classification list and paid duty accordingly. The tribunal noted that the department had also collected duty on the final products, supporting the argument that the compressors were the result of a manufacturing process. Additionally, the tribunal found that the inputs were not removed as such but only after undergoing certain manufacturing processes.

Considering these factors, the tribunal concluded that there was no fault in the order of the Commissioner (Appeals) and upheld it, dismissing the Revenue's appeal. The judgment highlighted the importance of the processes undertaken by the respondent in transforming the imported compressors into dutiable final products, emphasizing the classification and duty payments made based on the manufactured goods.

This detailed analysis of the judgment showcases the tribunal's thorough examination of the manufacturing processes involved and their impact on the classification and dutiability of the imported compressors, providing clarity on the legal aspects and implications of the case.