1992 (1) TMI 239 - AT - Central Excise

Summary

Issues:
- Whether conversion of aluminium wires into aluminium conductors results in the manufacture of a new product within the meaning of Section 2(f) of the Central Excises and Salt Act, 1944.
- Whether aluminium wires, when cleared for captive consumption for the manufacture of conductors, were chargeable to duty.
- Whether the benefit of Notification No.187/83, dated 9-7-1983, was admissible in respect of demands for recovery of duty on aluminium wires cleared for captive consumption prior to 9-7-1983.

Analysis:

Issue 1: Conversion of aluminium wires into aluminium conductors
The Tribunal considered whether the conversion of aluminium wires into aluminium conductors constitutes the manufacture of a new product under Section 2(f) of the Central Excises and Salt Act, 1944. Citing a previous decision, the Tribunal emphasized that if two products are covered by the same heading and pay the same duty, no amount of manufacturing or change should attract the same duty again. It was held that duty already recovered on the conductors under a specific tariff sub-item could not be exacted again on the wires used in manufacturing the conductors. The Tribunal referred to Rule 9 and Rule 49, concluding that further discussion on this aspect was unnecessary.

Issue 2: Chargeability of duty on aluminium wires for captive consumption
The Tribunal examined whether aluminium wires, when cleared for captive consumption for the manufacture of conductors, were chargeable to duty. Relying on previous decisions, it was established that since duty had already been recovered at the final stage on the aluminium conductors manufactured by the appellants, no duty was recoverable on the aluminium wires used in the manufacturing process. The Tribunal highlighted that both the wires and conductors fell under the same tariff sub-item, making it impermissible for the department to collect and retain the full duty twice under the same sub-item.

Issue 3: Benefit of Notification No.187/83
The Tribunal considered the applicability of Notification No.187/83, dated 9-7-1983, in relation to demands for recovery of duty on aluminium wires cleared for captive consumption before the issuance of the notification. Referring to a Supreme Court decision, it was held that duty recovery on aluminium wires for captive consumption was not permissible if duty had already been collected on the final product, i.e., the conductors. The Tribunal reiterated that no duty was recoverable on the wires used for captive consumption in manufacturing conductors based on the principles established in previous judgments.

In conclusion, the Tribunal set aside the impugned order and allowed the appeal, directing the Revenue authorities to provide consequential relief to the appellants. The decision was based on the similarity of facts and circumstances to previous cases and the established legal principles regarding duty recovery on intermediate products and final goods under the relevant tariff sub-item.