1988 (5) TMI 221 - AT - Central Excise

Summary

Issues:
1. Whether the appellants are liable to pay excise duty for manufacturing shackle plates.
2. Whether the appellants can be considered manufacturers under the Central Excises and Salt Act.
3. Whether excise duty should be charged only on the job work done by the appellants.

Analysis:

Issue 1:
The Collector of Central Excise (Appeals) decided that M/s. Hindustan Everest Tools must pay the duty demanded and rejected their appeal. The appellants argued they did not manufacture the shackle plates but got them forged by another firm and only sent the finished plates to the ordinance. The department contended that the appellants were job workers and should pay excise duty only on the job work done.

Issue 2:
The department argued that under Section 2(f) of the Central Excises and Salt Act, anyone engaging in manufacturing is considered a manufacturer. They referred to Notification 119/75-C.E. and the explanation regarding job work, asserting that excise duty should be levied on the charges for job work. However, the Tribunal noted that merely ordering goods to be manufactured by another does not make one a manufacturer under the law.

Issue 3:
The department claimed that duty should be charged based on the intrinsic value of the goods, citing a Supreme Court judgment. The Tribunal observed discrepancies in the lower authorities' adjudication, emphasizing the need to determine whether the appellants actually manufactured the shackle plates. The Tribunal set aside the orders of the Collector (Appeals) and the Assistant Collector for further investigation into this crucial fact.

In conclusion, the Tribunal emphasized the importance of establishing whether M/s. Hindustan Everest Tools were the actual manufacturers of the shackle plates before making a final decision on their liability for excise duty. The case was remanded for a more detailed examination to ascertain the manufacturing status of the appellants, highlighting the need for clarity and evidence in determining excise duty obligations.