1992 (4) TMI 144 - AT - Central Excise

Summary

Issues:
Demand of duty on the assessable value of fabricated Oil Refinery Section.

Analysis:
The case involved a dispute regarding the demand of duty on the assessable value of a fabricated Oil Refinery Section. The appellants, manufacturers of V.N.E. oil, had entered into a contract for a turnkey project with another company. The Department alleged that the appellants had also manufactured and erected a Refinery Section within their premises, leading to a Show Cause Notice for excise duty. The Additional Collector confirmed the demand, including a direction to include profit margin in the assessable value. The appellants contended that the Refinery Section was immovable and not liable to duty under Tariff Item 68.

Legal Arguments:
The appellants argued that the Refinery Section, being immovable, did not qualify as "goods" under the Central Excises and Salt Act, 1944. They relied on a precedent stating that assembling structural shapes on-site does not constitute manufacturing goods. The Department, however, cited a different case where assembling components was considered manufacturing. The appellants distinguished this case from their situation, emphasizing the immovability of the Refinery Section.

Judgment:
The Tribunal analyzed the submissions and found that the Refinery Section's fabrication did not amount to manufacturing excisable goods. They determined that the Section was immovable and not subject to excise duty. Consequently, the appeal was allowed in favor of the appellants, granting them consequential relief. The cross objection was also disposed of accordingly.