1995 (2) TMI 186 - AT - Central Excise

Summary

Issues:
Excisability of PVC coated galvanised wire.

Analysis:
The judgment involved four appeals filed by the Revenue against different orders-in-appeal passed by the Collector (Appeals) Central Excise, Indore concerning the excisability of PVC coated galvanised wire. The Tribunal considered the similarity of the issues in all appeals and decided to hear and dispose of them together. The key point of contention was whether the conversion of G.I. Steel Wire into PVC coated insulated steel wire constituted manufacture under Section 2(f) of the Central Excises and Salt Act, 1944.

The appellant, represented by Shri Somesh Arora, argued that the Tribunal's previous decision in a similar case favored the Revenue, citing Final Order No. E/367/94-B1. On the other hand, the respondents, represented by Shri K.K. Bassi, contended that the Tribunal's order was under appeal before the Supreme Court. The Tribunal reviewed the facts and previous decisions, particularly the case of CCE, Raipur v. D.K. Electrical Industries, where it was held that the conversion of G.I. Steel Wire into PVC coated insulated steel wire amounted to manufacture.

The Tribunal discussed various precedents and legal principles related to the classification of goods and the definition of manufacture. It referred to cases such as Cable House v. Collector, Central Excise, and Empire Industries Ltd. v. Union of India to establish the criteria for determining whether a transformation amounts to manufacture. The Tribunal emphasized the distinct nature of PVC coated insulated wires compared to bare G.I. Steel Wires, highlighting differences in price, structure, name, character, and applications.

Ultimately, the Tribunal concluded that the conversion of G.I. Steel Wires into PVC coated insulated wires fell under the definition of manufacture as per Section 2(f) of the Act. Relying on previous judgments and the specific classification under the Central Excise Tariff Act, 1985, the Tribunal allowed all four appeals filed by the Revenue. The decision was based on the principle that the transformed product was commercially different and subject to excise duty, in line with established legal interpretations.

In summary, the judgment addressed the excisability of PVC coated galvanised wire, analyzing the manufacturing process and applicable legal principles to determine the classification of the transformed product. The decision provided clarity on the distinct nature of the converted wires and upheld the Revenue's appeals based on established precedents and statutory provisions.