2005 (6) TMI 81 - AT - Central Excise

Summary

Issues Involved:
1. Classification of Tensile Steel Strappings.
2. Determination of whether the processes involved constituted "manufacture."
3. Applicability of extended period of limitation under Section 11A.
4. Entitlement to Modvat credit.

Detailed Analysis:

1. Classification of Tensile Steel Strappings:

The primary issue was whether the tensile steel strappings manufactured by the assessee should be classified under sub-heading 7211.31 as "cold rolled strips" or under sub-heading 7308.90 as "other articles of iron or steel." The Tribunal initially classified the goods under 7308.90, but the Supreme Court remanded the case for reconsideration, emphasizing the need to address the limitation period and Modvat credit issues.

The Tribunal found that "box strappings" are a type of cold rolled steel strip used in industrial packaging. The Indian Standard Specification (IS:5872:1990) for cold rolled steel strips includes "box strappings," indicating that they are not distinct articles but specific grades of cold rolled strips. Therefore, the Tribunal concluded that the tensile steel strappings should be classified under sub-heading 7211.31, not 7308.90.

2. Determination of Whether the Processes Involved Constituted "Manufacture":

The Tribunal examined whether the processes undertaken by the assessee-decoiling, slitting, pin hole detecting, side trimming, deburring, cutting, welding, heating, painting, waxing-constituted "manufacture" under Section 2(f) of the Central Excise Act. The Tribunal concluded that these processes transformed the cold rolled steel strips into a distinct product with enhanced characteristics suitable for industrial packaging. Thus, the processes amounted to "manufacture," bringing the product within the purview of excise duty.

3. Applicability of Extended Period of Limitation under Section 11A:

The show cause notice was issued on 8th April 1987 for the period from 1st March 1986 to 19th February 1987. The Tribunal noted that the nature of the manufacturing process was known to the Department from the beginning, and there was no evidence of fraud, collusion, wilful misstatement, or suppression of facts by the assessee. Therefore, the extended period of limitation of five years could not be invoked. The Tribunal held that the show cause notice was valid only for the period within six months from the relevant date, i.e., from 1st October 1986 to 19th February 1987.

4. Entitlement to Modvat Credit:

The Tribunal acknowledged that the assessee was entitled to claim Modvat credit for the duty paid on cold rolled steel strips used as raw material for manufacturing box strappings. The adjudicating authority was directed to calculate the Modvat credit as per the rules and adjust it against the duty payable by the assessee.

Conclusion:

The Tribunal set aside the impugned order of the Collector of Central Excise and remitted the matter for recalculating and recovering the excise duty for the goods removed during the valid period. The Tribunal emphasized that the box strappings should be classified under sub-heading 7211.31 and that the processes involved constituted "manufacture." The assessee was also entitled to Modvat credit for the duty paid on the raw materials used.