1990 (12) TMI 217 - AT - Central Excise

Summary

Issues:
1. Whether the Collector (Appeals) was justified in refusing the appellant to raise a fresh plea at the first appellate forum.
2. Whether the activity of reconditioning and repairing "Spinnerettes" amounts to manufacturing.
3. Whether the appellant is entitled to the benefit under Notification No. 131/81-CE dated 22nd June, 1981.
4. Whether the matter should be remanded for further adjudication.

Analysis:
1. The appellant, Hindustan Platinum Pvt. Ltd., appealed against the order of the Collector of Central Excise (Appeals), Bombay, contending that their activity of reconditioning and repairing "Spinnerettes" does not involve manufacturing. The appellant sought to raise a fresh plea before the Collector (Appeals), which was denied on the basis that it was not raised before the Assistant Collector. The appellant argued that the fresh ground did not require additional evidence and cited legal precedents supporting their position. The Tribunal, citing judgments from the Andhra Pradesh High Court and the Bombay High Court, held that the Collector (Appeals) erred in refusing the appellant to raise the fresh plea at the first appellate stage. The Tribunal admitted the fresh plea at the second appellate stage.

2. The issue of whether the activity of reconditioning and repairing "Spinnerettes" amounts to manufacturing was also addressed. The appellant argued that no manufacturing activity is involved in their process, citing a Bombay High Court decision in support of their position. The Tribunal noted that the orders of the Assistant Collector and the Collector (Appeals) lacked details on the repairing or manufacturing process. Consequently, the Tribunal set aside the impugned order and remanded the matter to the Assistant Collector for readjudication. The Tribunal directed the Assistant Collector to observe principles of natural justice and grant a personal hearing to the appellant within three months.

3. The appellant had also claimed the benefit under Notification No. 131/81-CE dated 22nd June, 1981. However, the appellant did not press this claim at the current stage of the proceedings, seeking permission for its withdrawal. The Tribunal did not delve into this claim further due to the appellant's decision not to press it at that point.

4. In light of the above, the Tribunal concluded that the Collector (Appeals) was not justified in rejecting the appellant's fresh plea and admitted the same at the second appellate stage. The Tribunal also directed a remand of the matter to the Assistant Collector for a detailed adjudication considering the lack of information on the repairing or manufacturing process in the previous orders. The Tribunal emphasized the importance of adhering to principles of natural justice and providing a personal hearing to the appellant during the readjudication process.