2006 (3) TMI 13 - AT - Central Excise

Central Excise Manufacture Repacking of jumbo rolls - Excise duty is not leviable in the absence of manufacture

Summary

Issues:
Whether the appellant's activity constitutes manufacturing, and if duty demand and penalty imposed are justified.

Analysis:
The appellant, a paper products company, repacked various papers from jumbo rolls into usable items like tele-printer rolls, tissue paper, toilet paper, etc., and sold them. The dispute arose when duty was demanded and penalty imposed, treating this activity as manufacturing. The appellant challenges this duty demand and penalty, arguing that their activity does not amount to manufacturing.

The appellant's counsel contends that for an activity to be considered manufacturing, it must result in the creation of identifiable new goods. They argue that the various papers in question retained their original identity even after being repacked into consumer packs. Citing a Supreme Court judgment, the counsel asserts that the process of slitting/cutting jumbo rolls does not constitute manufacturing.

On the other hand, the Departmental Representative argues that in the case of tele-printer paper, interleaving it with carbon paper transforms it into a specialized product, thus constituting manufacturing for specialized use.

The Tribunal visually explains the appellant's process of converting wholesale paper rolls into usable sizes without changing the fundamental identity, name, or use of the paper. They emphasize that the repacked papers retain their original identity, whether as writing paper, tissue paper, or napkin paper, regardless of the machine they are intended for.

Referring to previous Supreme Court judgments, the Tribunal establishes that for an activity to be considered manufacturing, it must result in the creation of a new item with distinct identity, character, and use. Applying this criterion to the present case, they conclude that the transformation from jumbo rolls to consumer packs only involves a change in size, not in the fundamental characteristics of the paper varieties.

Based on the above analysis, the Tribunal rules in favor of the appellant, setting aside the duty demand and penalties imposed. They clarify that the decision is solely based on the manufacturing aspect, without delving into other issues like limitation or quantification of duty amount.