2004 (1) TMI 261 - AT - Central Excise

Summary

Issues:
Manufacture of Tapered Roller Bearings without payment of duty under Rule 16(3) of Central Excise Rules, 2002.

Analysis:
The appellants sought permission from the Commissioner to bring back used Cartridge Paper Roller Belt for repair and reconditioning without paying duty. The Commissioner held that the repair and reconditioning amounted to manufacture, directing the appellants to follow specific procedures for clearance of goods. The appellants challenged this direction, arguing that the process did not constitute manufacturing as the starting point and end product were both Roller Bearings. The repair process involved dismantling, cleaning, inspecting, refurbishing, and reassembly of old parts. The appellants cited legal precedents where similar repair activities were not considered manufacturing.

The Tribunal reviewed various decisions, including cases where repairing old goods did not result in new products. It noted that repairing transformers or bearings did not amount to manufacturing in previous judgments. The Tribunal found the issue was covered by existing precedents and ruled that the repair and reconditioning of old roller bearings did not constitute manufacturing. The Commissioner's direction to clear goods on payment of duty was set aside, emphasizing that the repair process did not create a new product. The Tribunal highlighted that the Commissioner's deeming clause, considering the process as manufacturing, was not supported by law or precedent, and the decision should align with legal principles and past judgments.

In conclusion, the Tribunal allowed the appeal, overturning the Commissioner's order and providing relief to the appellants. The decision emphasized that the repair and reconditioning activities on old roller bearings did not amount to manufacturing, aligning with established legal interpretations and precedents.