2002 (8) TMI 206 - AT - Central Excise

Summary

Issues:
- Appeal against Order-in-Appeal setting aside Order-in-Original by Commissioner of Central Excise (Appeals), Chandigarh.
- Liability to pay duty on complete telephone exchange supplied by appellants.
- Manufacturing and supply of Digital Telephone Switching System and bought out items.
- Jurisdictional issues regarding manufacturing of telephone exchanges at different sites.
- Consideration of show cause notices issued by multiple Commissioners.

Analysis:
1. The appeals were filed against Order-in-Appeal Nos. 79 and 80 dated 27-2-2002 by the Commissioner of Central Excise (Appeals), Chandigarh, which set aside the Order-in-Original by the Department. The dispute arose from the assessment of duty on Digital Telephone Switching System and bought out items supplied by the appellants for telephone exchanges.

2. The Commissioner (Appeals) accepted the Department's contention to include the value of bought out components, setting aside the original order without providing further directions. The appellants produced show cause notices from different Commissioners on the same issue, highlighting jurisdictional complexities.

3. The main issue revolved around the liability to pay duty on the complete telephone exchange supplied by the appellants, including the bought out items. The Tribunal clarified that duty was payable only on the switching system manufactured by the appellants, not the entire telephone exchange.

4. Analysis of the contract documents and invoices revealed that while the switching system was manufactured by the appellants, other items were bought out and supplied separately to various sites. The Tribunal emphasized that no complete telephone exchange was assembled at the appellants' premises, warranting duty only on the switching system.

5. The Tribunal concluded that the question of whether telephone exchanges were manufactured at different DOT sites fell under the jurisdiction of separate Commissioners, necessitating a common adjudicator. The Order-in-Appeal was set aside, and the appellants were directed to pay duty only on the switching system manufactured at their premises.

6. The appellants were granted consequential relief, allowing them to seek a refund upon finalization of the provisional assessment. The original adjudicating authority was instructed to consider the refund in light of the Tribunal's decision, ultimately leading to the appeals being allowed with consequential relief.