2006 (3) TMI 150 - SC - Central Excise

Whether roof structure is entitled to exemption under Notification No. 205/88 dated 25th May 1988? Held that - The appellant is manufacturing roof structure which is used amongst other things for roofing the digester. Admittedly, the appellant is manufacturing roof structure which is taken out of the factory and used as a roof of the digester consisting of a large rectangular tank of civil structure which is covered by stainless steel top, supported by M.S. Roof structure. The constant move of the effluent inside the tank is maintained by pumping system and the bacterias added at the commencement of the project is the cause for action inside the tank. There is no dispute on the question that the digester comes into existence at the site when it is placed on civil construction carried out at the site. To claim exemption under the exemption Notification, the appellant has to either manufacture biogas plant or biogas engine as per Entry 14 or parts therefor which are consumed within the factory. The appellant is neither manufacturing biogas plants nor using the manufactured parts used for the manufacture of biogas plants within the factory premises. Appeal dismissed.

Summary

Issues:
1. Interpretation of Notification No. 205/88 regarding exemption for roof structure used in biogas plant.
2. Classification of roof structure as parts of machinery or machinery itself.
3. Eligibility for exemption under the Central Excise Act.

Analysis:
The case involved a dispute over the exemption of duty for a roof structure used in a biogas plant under Notification No. 205/88. The appellant, a factory in Chennai, manufactured the roof structure for a biogas plant. The issue was whether the roof structure qualified for exemption under the notification. The Assistant Collector initially demanded duty, stating that the exemption was not applicable as the roof structure was removed from the factory and erected at the site. The Collector (Appeals) reversed this decision, considering the roof structure as part of the biogas plant. However, the Tribunal accepted the Revenue's appeal, ruling that the appellant was not entitled to the exemption.

The Notification No. 205/88 exempts goods related to natural energy, including biogas plants and engines. The critical point of contention was whether the roof structure constituted a part consumed within the factory for the manufacture of biogas plants. The appellant classified the product as "BIOGAS PLANT EQUIPMENT" under machinery parts, not the machinery itself. The Tribunal noted that the appellant did not manufacture biogas plants or engines and the parts were not consumed within the factory, disqualifying them from the exemption.

The appellant argued that the roof structure was an essential component of the biogas plant, serving to cover the digester tank. However, the court found that to claim exemption, the appellant needed to manufacture biogas plants or engines or parts consumed within the factory, which was not the case. As the roof structure was used outside the factory premises, it did not meet the criteria for exemption. Consequently, the appeal was dismissed by the Supreme Court, upholding the Tribunal's decision.