2005 (8) TMI 196 - AT - Central Excise

Summary

Issues:
Excisability of Rail Mounted Stacker (RMS) erected on turnkey basis at Ore Handling Complex of Visakhapatnam Port Trust.

Analysis:
The appeal in question revolves around the excisability of a Rail Mounted Stacker (RMS) erected by the appellants on a turnkey basis at the Ore Handling Complex of Visakhapatnam Port Trust. The Revenue disputed the appellants' claim that the equipment, being immovable, is non-excisable. The Commissioner, in the Order-in-Original, demanded a substantial sum under various sections of the Central Excise Act, along with imposing penalties. The appellants contested these findings vehemently.

The learned Advocate representing the appellants argued that excise duty liability should only arise if the activity results in the manufacture of excisable goods that are movable and marketable. They contended that the RMS, being permanently fixed to the earth and assembled on rails with functional mobility, should be considered immovable and hence not excisable. The Advocate cited numerous precedents from the Apex Court and Tribunal supporting the classification of plant and machinery erected on-site as immovable and not subject to excise duty.

Furthermore, it was argued that even if the RMS is considered excisable under a specific sub-heading, the appellants should benefit from a relevant notification. The Advocate also highlighted the appellants' genuine belief that the RMS was not excisable, thus negating any intentional evasion of excise duty, as previously acknowledged by the Tribunal in a related case.

In response, the learned SDR reiterated the points made in the Order-in-Original. After careful consideration of the case records and examination of the equipment's assembly, the Tribunal concluded that the RMS, despite its limited mobility on rails, should be classified as immovable property due to being firmly embedded in a specific location and unsuitable for transport without damage. The Tribunal found the appellants' arguments, supported by case laws and a relevant circular, to be persuasive, ultimately ruling in favor of the appellants and allowing the appeal with consequential relief. The Tribunal also held that there was no justification for imposing penalties on the appellants, given the nature of the equipment and the circumstances surrounding its assembly.

In conclusion, the Tribunal's decision centered on the classification of the Rail Mounted Stacker as immovable property, thereby exempting it from excise duty. The judgment emphasized the specific characteristics of the equipment, its assembly process, and its limited mobility as key factors in determining its excisability status. The Tribunal's ruling provided relief to the appellants based on the legal principles and precedents cited during the proceedings.