1987 (2) TMI 242 - AT - Income Tax

Conversion of lead into litharge resulting in production of chemically different substance, not job work

Summary

Issues:
1. Interpretation of Notification No. 119/75 regarding payment of duty on job charges.
2. Whether the emergence of a new product bars the benefit of the notification.
3. Determining the eligibility for the benefit of Notification No. 119/75 based on job work criteria.
4. Consideration of previous case laws and tribunal decisions for similar matters.
5. Analysis of the chemical transformation of raw materials and its impact on the benefit claim.

Analysis:
The case involves the appellants claiming the benefit of Notification No. 119/75 for payment of duty only on job charges collected from suppliers of raw material. The lower authorities denied the benefit, stating that the appellants manufacture a new article from the supplied goods. The advocate for the appellants cited various case laws supporting their stance that the emergence of a new product does not preclude the benefit of the notification. The advocate highlighted that the conversion charges are minimal compared to the product price, indicating job work nature.

The department representative relied on a specific case to oppose the appellants' claim, emphasizing the chemical transformation from lead to litharge as manufacturing a different substance. The tribunal reviewed the case facts, lower authorities' orders, and submissions. While acknowledging that creating a new product does not automatically disqualify the benefit, the tribunal emphasized that the essential identity of the entrusted article should not be entirely lost after the manufacturing process. Referring to a previous decision, the tribunal held that the conversion of lead into litharge does not qualify as job work due to the substantial chemical change resulting in a different substance.

In a separate judgment, the Vice-President concurred with the tribunal's decision, noting the absence of the Calcutta High Court's decision during the Waldies case. The Vice-President emphasized the total transformation of raw material into a new product with a different chemical composition, disqualifying the appellants from the notification's exemption. Referring to a 5-member bench decision, the Vice-President highlighted a similar case where the emergence of a new product led to the loss of the original material's identity, rendering the appellants ineligible for the exemption under Notification 119/75.

In conclusion, the tribunal dismissed the appeal based on the substantial chemical transformation of the raw material into a new product, which did not align with the criteria for job work under Notification No. 119/75. The case highlights the importance of maintaining the essential identity of the entrusted article to qualify for the notification's benefit, despite the emergence of a new product during the manufacturing process.