2001 (1) TMI 157 - AT - Central Excise

Summary

Issues involved: Correctness of orders-in-original allowing benefit of Notification No. 8/97 to manufacturers; whether imported materials used in manufacturing finished products qualify as raw materials under Notification No. 8/97.

Summary:
The appeals challenged the orders-in-original allowing two manufacturers, engaged in the manufacture of cotton fabrics, to avail the benefit of Notification No. 8/97, which prescribed a concessional rate of duty for finished goods manufactured by Export-Oriented Undertakings (EOUs) using raw materials produced or manufactured in India. The Revenue contended that certain imported materials used by the manufacturers did not qualify as raw materials under the notification.

In the case of Century Denim, the use of imported indigo pure dye in manufacturing denim fabrics was disputed by the Revenue, arguing that the imported dye was a raw material and thus the finished product could not claim the benefit of the notification.

For Maral Overseas Ltd., the Revenue challenged the use of imported materials such as wax, lycra, and other findings in the production of cotton yarn, fabric, and garments, claiming that these materials were consumables and not raw materials under the notification.

The central question was whether the imported materials used by the manufacturers in producing the finished products qualified as raw materials under Notification No. 8/97, which required the finished products to be manufactured wholly from raw materials produced or manufactured in India.

The Tribunal, applying the test laid down by the Apex Court, determined that the imported materials were indeed raw materials as they were essential for the quality and utility of the finished products. The Tribunal rejected the argument that the imported materials were consumables, as clarified in a circular, and remitted the matter back to the Commissioner to decide on issues of limitation and duty payable by the manufacturers.

Ultimately, the Tribunal allowed the appeals, setting aside the orders-in-original and directing the Commissioner to decide on the remaining issues expeditiously, affording the manufacturers a reasonable opportunity to be heard.