2003 (12) TMI 168 - AT - Central Excise

Summary

Issues:
- Whether the appellant is liable to pay central excise duty on parts manufactured during the interim period of exemption for railway wagons.
- Whether the parts manufactured by the appellant are marketable and thus liable to excise duty under Tariff Heading 8607.
- Whether the certificate from the Railway Ministry stating that the parts are not marketable is valid evidence to support the appellant's contention.
- Whether the lower authorities correctly rejected the appellant's contentions based on previous tribunal orders and legal precedents.

Analysis:
1. The appellant, a contract manufacturer of railway wagons, received inputs from the Railways and was only paid job work charges. Central excise duty exemption for railway wagons and subsequent imposition on parts during the interim period led to duty demands on the appellant for allegedly manufacturing parts like under frame, floor, body, door, and undergear. The appellant contested that they do not manufacture parts separately but engage in continuous fabrication, where parts do not emerge as distinct goods. They argued that the duty demand violates the principle that only marketable goods are liable to excise duty.

2. The appellant presented a certificate from the Railway Ministry stating that the parts in question are stages in the wagon manufacturing process and not distinct commercial items. They argued that these parts are not marketable and hence not dutiable. However, the lower authorities rejected these contentions, emphasizing that the parts are identifiable, transportable, and purchasable for wagon assembly or repair. They relied on a tribunal decision classifying similar parts under Tariff Heading 8607, disregarding the non-marketability argument.

3. During arguments, the learned SDR supported the lower authorities' decision, citing tribunal orders that upheld the dutiability of similar parts under Tariff Heading 8607. The SDR also referenced a case where a tribunal ruled that certain manufacturing processes amount to production, reinforcing the dutiability of the parts in question. The tribunal noted that the issue was settled against the appellant by previous tribunal orders, leading to the rejection of the appeal based on established legal precedents.

In conclusion, the judgment upheld the duty demands on the appellant for manufacturing parts during the exemption-interim period, emphasizing the marketability and dutiability of the parts under Tariff Heading 8607. The rejection of the appeal was based on consistent tribunal decisions and legal precedents supporting the classification of such parts as liable to central excise duty.