2005 (7) TMI 17 - AT - Central Excise

Central Excise Goods manufactured at the site of construction for use in construction work at such site Entitled to benefit of notification Extended time limit not invokable as Deptt. was aware of fact of manufacture and there was no willful suppression of facts etc.

Summary

Issues:
1. Excise duty on concrete mix prepared for a housing project
2. Classification of concrete mix under Central Excise Act, 1944
3. Exemption from excise duty and applicability of notifications
4. Bar on demand by limitation and invocation of extended period

Analysis:
1. The appellants were engaged in construction projects and were issued a Show Cause Notice seeking excise duty on concrete mix prepared for a housing project. The dispute was adjudicated by the Commissioner and appealed before the Tribunal.

2. The appellants contended that the preparation of concrete mix did not amount to manufacture and that the product was not marketable, hence not excisable. They relied on circulars to distinguish between Ready Mix Concrete and Concrete Mix. They also claimed exemption from excise duty based on notifications.

3. The Tribunal considered the period of demand and held that for a specific period, the product was exempt from duty as per relevant notifications. The appellants' reliance on decisions regarding the interpretation of "site" in the notifications was accepted.

4. The Tribunal found that the larger period of limitation could not be invoked as there was no suppression of facts by the appellants. The department was aware of the manufacturing activities, and hence, the demand was barred by limitation. Consequently, the appeal was allowed, and the penalty imposed on the Managing Director was set aside.

In conclusion, the Tribunal allowed the appeals on both merit and limitation grounds, holding that the demand for excise duty on the concrete mix was not sustainable. The penalty on the Managing Director was also revoked based on the findings.