1990 (12) TMI 107 - HC - Central Excise

Summary

Issues:
Whether masticated rubber is liable to excise duty under Entry 40.01 of the Schedule of Chapter 40 of the Central Excise Tariff Act, 1985.

Detailed Analysis:

1. Principal Question and Grounds for Consideration:
The main issue in the judgment revolves around determining whether masticated rubber is subject to excise duty under Entry 40.01 of the Central Excise Tariff Act, 1985. The learned single Judge initially ruled that no excise duty is applicable to masticated rubber based on the premise that masticated rubber does not fundamentally change from natural rubber and due to an exemption under Notification No. 189/83. However, the High Court, after hearing arguments from both sides, concurred with the single Judge's conclusion but on different grounds.

2. Legal Framework and Interpretation:
The analysis delves into the legal framework concerning excise duty under the Central Excises and Salt Act, 1944, which allows for levying duties on goods manufactured or produced in India, excluding specific categories. The court emphasizes the need for masticated rubber to fall under the items specified in Entry 40.01 of the Schedule to attract excise duty, highlighting the requirement for goods to be produced or manufactured in India for the duty to apply.

3. Manufacture of Masticated Rubber:
The respondents argued that masticated rubber does not qualify as goods manufactured or produced in India as it is an intermediary stage in the tire manufacturing process and lacks commercial value or marketability as a standalone product. Citing a Supreme Court decision, the court emphasizes that for an article to be considered "goods" subject to excise duty, it must be capable of being sold in the market or known as goods in the market. The absence of marketability is crucial in determining the dutiability of masticated rubber.

4. Marketability and Commercial Viability:
The court examines whether masticated rubber is marketable or known as goods in the market. The respondents assert that masticated rubber is a semi-processed material used to prepare rubber for tire manufacturing, lacking independent market presence as it reverts to its original form and characteristics after processing. The court accepts the respondents' contention, emphasizing that masticated rubber is not a marketable product and cannot be considered as goods manufactured or produced for excise duty purposes.

5. Conclusion and Dismissal of Appeals:
Based on the arguments presented and the lack of marketability of masticated rubber, the court dismisses all appeals, affirming that excise duty is not applicable to masticated rubber. The judgment concludes by stating that masticated rubber does not meet the criteria for being considered as goods produced or manufactured, thus exempting it from excise duty. No costs are awarded in the case.

This detailed analysis of the judgment thoroughly examines the legal aspects and reasoning behind the decision regarding the liability of masticated rubber to excise duty, providing clarity on the interpretation of relevant laws and precedents.