2001 (10) TMI 173 - AT - Central Excise

Summary

Issues:
Central Excise duty on material handling equipment, weighbridge, and crushers in the context of a turnkey contract for setting up a coal handling plant.

Analysis:
1. The appellant, M/s. McNally Bharat Engg. Co. Ltd., entered into a turnkey contract with M/s. Hirakud Power Co. Ltd. for setting up a complete coal handling plant. The Central Excise Commissioner issued a show cause notice demanding duty on material handling equipment, weighbridge, and crushers. The impugned order confirmed a duty demand of Rs. 64,33,439 under Section 11A of the Central Excise Act, 1944, along with a personal penalty and interest.

2. The Tribunal considered the appellant's contentions regarding the items in question. Regarding the weighbridge, it was established that the appellant had purchased it from M/s. Peico Electronics and Electricals Ltd., with evidence of payment of duty. The Tribunal referred to a previous decision to support the appellant's argument that duty could not be charged again on the weighbridge during installation.

3. Concerning the crushers, the Tribunal found that the primary crusher was cleared by the appellant after paying full duty, and the secondary crusher was supplied by M/s. Larsen & Toubro with duty paid on the entire value. The erection of these crushers on a civil foundation did not result in the emergence of new crushers, supporting the appellant's position.

4. The most contentious issue was the classification of the material handling equipment (conveyor) as excisable. The appellant argued that the conveyor system became immovable upon installation. The adjudicating authority relied on a Supreme Court decision to classify the conveyor as movable. However, the appellant cited subsequent Supreme Court decisions and Tribunal rulings to support their position that the conveyor system was immovable and not subject to excise duty.

5. The Tribunal ultimately held that conveyor systems were not excisable, following previous decisions and the argument that the system's immovability rendered it non-marketable. Consequently, the impugned orders demanding duty on the conveyor system were set aside, and the appeal was allowed in favor of the appellants.