2019 (9) TMI 1156 - HC - Central Excise

Levy of Central Excise Duty - transformer structural materials, otherwise known as tower parts and structure part which consists of clamps, different types of channel cross arms, stay set and transformer structure special clamps cleared as non excisable during the period of 2009 to 2013 - HELD THAT - The Department had accepted the petitioner's stand till the year 2008 that there was no manufacturing activity and in the present impugned order in original, a contrary stand has been taken that the activities of the petitioner is a manufacturing activity and is a taxable commodity. When the CESTAT has already held that the petitioner's activities involved in the present Writ Petition to be a non manufacturing activity and such a ratio has already been upheld by the Hon'ble Apex Court, the present impugned order, passed on the basis that the petitioner's activity is a manufacturing activity, cannot be sustained. Petition allowed.

Summary

Issues:
1. Classification of goods under Central Excise Tariff Act, 1985
2. Whether the process undertaken amounts to manufacture
3. Relevance of Tribunal decisions in the petitioner's case

Analysis:
1. The petitioner Corporation received a show cause notice proposing Central Excise duty on transformer structural materials. The notice classified the disputed items under heading No.7308 of the Central Excise Tariff Act, 1985. The petitioner contested this classification, stating that cutting does not constitute manufacture, citing Tribunal decisions in their favor.

2. The petitioner argued that previous Tribunal decisions favored them on whether their process amounted to manufacture. However, the respondent contended that the goods were excisable and correctly classifiable under heading no.7308 of the CET Act, emphasizing the introduction of the 8-digit code in the Tariff Act aligning with Customs Tariff.

3. The High Court noted that the Department had previously accepted the petitioner's stand that there was no manufacturing activity until 2008, refunding the duty paid. The Court observed a shift in the Department's stance in the impugned order, now considering the petitioner's activities as manufacturing. During the case, the Commissioner of Central Excise upheld earlier CESTAT orders, ruling that the processing of structural materials did not amount to manufacture.

4. The Court referenced a CESTAT order that allowed the petitioner's appeals, determining their activity as non-manufacturing. The Supreme Court upheld this decision. Given the consistent rulings favoring the petitioner, the Court concluded that the impugned order classifying the activity as manufacturing could not be sustained, leading to the quashing of the original order.

5. Consequently, the High Court quashed the Order of the Commissioner dated 11.12.2014 and allowed the Writ Petition, emphasizing the petitioner's entitlement to succeed based on the established legal precedents. The Court closed the case without imposing any costs on either party.