2005 (12) TMI 28 - AT - Central Excise

Central Excise - Package Tea - The goods are manufacture prior to levy of duty but cleared thereafter, they are not liable to excise duty

Summary

Issues: Whether package tea bearing a brand name manufactured before a specific date but removed from the factory after that date is liable to pay duty.

Analysis:
The issue in this case revolves around the liability of package tea to pay duty based on the manufacturing date and removal date in relation to the introduction of a Chapter Note in the CETA, 1985. The appellants argued that labeling and branding activities did not amount to manufacture until a specific date, and therefore, tea subjected to further processes before that date should not be considered excisable. However, the Tribunal disagreed with this contention, emphasizing that tea was excisable even before the specific date, albeit at a nil duty rate. The Tribunal highlighted that post the specific date, tea in unit containers attracted an 8% duty, indicating a change in classification. The Tribunal cited legal precedents such as Wallace Flour Mills and Vazir Sultan Tobacco Co. Ltd. to support the position that excise duty can be levied at a later date even if the taxable event is manufacture. The Tribunal differentiated the present case from situations where goods manufactured before a levy are cleared after the levy, clarifying that in this case, the goods attracted levy before the specific date, albeit at a nil rate. Therefore, the Tribunal upheld the lower appellate authority's decision, rejecting the appeal and affirming the duty liability on the package tea cleared post the specific date.

This judgment clarifies the interpretation of excisability concerning package tea bearing a brand name manufactured before a specific date but cleared post that date. It underscores the distinction between manufacturing as a taxable event and the imposition of duty, emphasizing that goods attracting levy at a nil rate before a specific date remain liable for duty when cleared post that date. The judgment provides a comprehensive analysis of the legal principles and precedents governing excise duty liability in such scenarios, ensuring clarity on the applicability of duty rates based on the timing of manufacturing and clearance.