2010 (1) TMI 331 - HC - Central Excise

Demand- Returned goods- M/s. Maruti Udyog Ltd. (hereinafter referred to as the respondents) is engaged in the manufacture of motor vehicles falling under Chapter 87 of First Schedule to Central Excise Tariff Act, 1985. The vehicles are cleared for home consumption on payment of appropriate duty of excise. The vehicles are also cleared for export under bond. Show Cause Notices to respondents contending that process of repair undertaken by respondents amounts to manufacture. Held that- The Tribunal has correctly held that the repair of cars damaged during the process of manufacture came within the scope of Rule 49 as Rule 49 makes it clear that duty is chargeable only on the removal of the goods from the factory or approved place of storage. It is submitted that the fact that cars were manufactured is irrelevant since the cars were not removed from the factory of Respondents. The Tribunal has rightly remitted the matter to the original authority for passing a fresh order taking into account the appellants claim under Rule 173L also. The appeal is dismissed.

Summary

Issues Involved:
1. Legality of setting aside demand for cars originally cleared for export but later brought back for scrapping.
2. Legality of setting aside demand of duty on 169 cars manufactured and scrapped.
3. Legality of remitting the case to the original adjudicating authority regarding the party's claim under Rule 173L.

Issue-wise Detailed Analysis:

1. Legality of Setting Aside Demand for Cars Originally Cleared for Export but Later Brought Back for Scrapping:
The Tribunal held that the demand in respect of goods cleared originally for export and later brought back to the factory is not maintainable under Rule 173M. The Tribunal observed that there is no allegation that the assessee did not bring back the cars cleared for export and that such return is covered by Rule 173M. The assessee accounted for the cars so returned, and Rule 173M permits the return of goods for repairs, reconditioning, and similar processes. The Tribunal concluded that the demand on this account is clearly not maintainable.

2. Legality of Setting Aside Demand of Duty on 169 Cars Manufactured and Scrapped:
The Tribunal found that the duty demand for 169 cars is unwarranted. Rule 49 specifies that duty is chargeable only on the removal of goods from the factory or approved storage. The Tribunal noted that the repair of cars damaged during the manufacturing process falls within the scope of Rule 49. There was no dispute that the cars were damaged or that the appellant used this as a cover for making other cars. Therefore, no duty demand should have been raised.

3. Legality of Remitting the Case to the Original Adjudicating Authority Regarding the Party's Claim Under Rule 173L:
The Tribunal remanded the matter to the original adjudicating authority to consider the respondents' claim under Rule 173L. It was highlighted that Rule 173L claims should be determined by the Assistant Commissioner/Deputy Commissioner. The Tribunal emphasized that a consolidated disposal was necessary, and the Commissioner could have considered the 173L claims simultaneously since the Rules permit a higher officer to perform the functions of a lower authority. The Tribunal found that the refusal to do so led to an unjust duty demand and that the matter should be remitted for a fresh order taking into account the appellants' claim under Rule 173L.

Conclusion:
The Tribunal's decision to set aside the demand for cars originally cleared for export and later brought back, as well as the duty demand for 169 cars, is legally correct. The remittance of the case to the original authority for considering the claim under Rule 173L is justified. The Tribunal's findings are based on a proper appreciation of facts and applicable legal provisions, and no substantial question of law arises for consideration. Accordingly, the appeal is dismissed.