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2002 (10) TMI 148 - AT - Central Excise
Issues involved: Determination of excisability of slitting operation, imposition of duty, penalty, and release of confiscated goods.
In the present case, M/s. BEMCEE Ltd. was engaged in slitting/shearing steel coils, leading to the seizure of slit coils cleared without payment of duty. The Commissioner issued show cause notices deeming this activity as manufacture attracting further duty. The Commissioner's findings on excisability highlighted the criteria for a change in sub-heading number to constitute manufacture. He reduced the quantum of duty short levied but confirmed duty amounting to Rs. 21,39,034.99 and imposed a penalty of Rs. 20 lakhs on M/s. BEMCEE, directing the release of confiscated goods and the truck. Three appeals were filed by the assessees challenging the findings, while Revenue filed a cross-appeal disputing the Commissioner's belief that further duty was not leviable when resultant parts fell in the same sub-heading as the input. The Tribunal referred back the issue of slitting operation to the Commissioner, distinguishing a Supreme Court judgment and emphasizing the need for a new distinct product for fresh levy of duty. The Tribunal observed that the Ministry's circular misinterpreted the Tribunal's decision in the case of BEMCEE Ltd. and cited a Supreme Court judgment acknowledging the creation of a new product for duty levy. The Tribunal referred to conflicting Supreme Court judgments on the definition of manufacture and emphasized the need for a new commercially identifiable product to attract fresh duty, regardless of the tariff entry. The Tribunal held that since the goods after slitting retained the same nomenclature in the market, the test of "manufacture" was not met, leading to the success of the assessees' appeal and dismissal of Revenue's appeals. In conclusion, the Tribunal's decision emphasized the requirement for the creation of a new distinct product through manufacturing processes to attract fresh duty, irrespective of the tariff entry, leading to the dismissal of Revenue's appeals.
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