2007 (11) TMI 230 - AT - Central Excise

As per rule 12B & cir. 759/75/03, any person can purchase raw materials & get textile goods manufactured from a job worker & in such case job worker is considered as a manufacturer - liability to pay duty arises at time of clearance from job worker s premises - value was rightly adopted on basis of the raw materials cost job charges - prior to 31-3-03 no duty was payable on the grey fabrics hence goods manufactured prior to that date but cleared later are not liable to duty appeal allowed

Issues Involved:
1. Correct valuation of goods cleared by the job worker to the appellants.
2. Duty liability on goods manufactured prior to 31-3-2003 and cleared after imposition of duty.
3. Allegation of suppression of facts to evade payment of duty.

Detailed Analysis:

1. Correct Valuation of Goods Cleared by the Job Worker to the Appellants:
The core issue revolves around the correct valuation of the goods processed by the job worker and subsequently cleared to the appellants. The appellants argued that the valuation should be based on the cost of raw materials plus job charges, in accordance with the Apex Court's decision in the Ujagar Prints case. The Revenue contended that the duty should be paid on the sale price at which the appellants sold the goods, deeming the appellants as the manufacturer.

Upon examining Rule 12B of the Central Excise Rules, 2002, and the Circular issued by the Board on 30-10-2003, it was found that the duty liability arises at the time of clearance from the job worker's premises. The rule allows either the job worker or the supplier of raw materials to comply with all Central Excise formalities. The Board's Circular explicitly states that the duty liability must be discharged when the goods are cleared from the job worker's premises, and the valuation should be based on the cost of raw materials plus job charges.

The Tribunal emphasized that the processes undertaken by the appellant (cutting, folding, and packing) do not amount to manufacture under Chapter 52. Therefore, the value addition at the appellant's end cannot be subjected to duty. The Tribunal concluded that the appellants correctly discharged their duty liability based on the valuation at the job worker's premises, as per Rule 12B and the Board's Circular. Consequently, the major demand amounting to Rs. 46 lakh by the Revenue was not sustained.

2. Duty Liability on Goods Manufactured Prior to 31-3-2003 and Cleared After Imposition of Duty:
The Tribunal addressed the demand of Rs. 10 lakh for goods manufactured before 31-3-2003 but cleared after the imposition of duty. The appellants argued that no duty should be paid on these goods, as they were manufactured when grey fabrics were exempt from duty.

The Tribunal referred to the Supreme Court's decision in the case of CCE v. Vazir Sultan Tobacco Ltd., which established that the liability of duty is determined on the date of manufacture, not the date of clearance. Following this precedent, the Tribunal held that no duty was liable on goods manufactured prior to the imposition of duty, even if cleared afterward. Thus, the demand for duty on these goods was not upheld.

3. Allegation of Suppression of Facts to Evade Payment of Duty:
The show cause notice alleged suppression of facts with an intent to evade payment of duty, invoking a longer period for duty demand. The appellants countered that the department had been aware of their activities since 1988, and previous proceedings had culminated in their favor.

The Tribunal found that the department's prior investigations and the Tribunal's earlier favorable decision for the appellants indicated no suppression of facts. Therefore, the longer period for duty demand could not be invoked.

Conclusion:
The Tribunal set aside the impugned order, concluding that the appellants correctly discharged their duty liability based on the valuation at the job worker's premises and that no duty was liable on goods manufactured before the imposition of duty. The appeal was allowed with consequential relief, and no penalties were imposed due to the absence of suppression of facts.

← Previous Next →