1998 (7) TMI 187 - AT - Central Excise

Summary

Issues:
1. Demand of duty on plaster of paris moulds for manufacturing ceramic sanitaryware.
2. Marketability of plaster of paris moulds for excise duty imposition.

Analysis:

Issue 1:
The case involved demands of duty on plaster of paris moulds used for manufacturing ceramic sanitaryware. The Central Excise authorities had issued show cause notices for duty payment. The demands were made for specific periods, and the appeals were filed against these demands. The appellants argued that the moulds were not goods as they were not marketable and were used exclusively for manufacturing ceramics.

Issue 2:
The main contention revolved around the marketability of plaster of paris moulds for excise duty imposition. The appellant's advocate argued that marketability is a crucial factor for determining whether a commodity is excisable or not. Citing legal precedents, the advocate emphasized that the burden of proving marketability lies with the Revenue. The advocate highlighted that the mere mention of goods in the Tariff is not sufficient to deem them excisable unless their marketability is established.

The Revenue, represented by the SDR, contended that industrial moulds of plaster of paris were included in the HSN Explanatory Notes, indicating their marketability in international trade. However, the tribunal, after considering arguments from both sides, agreed with the appellant's advocate. The tribunal emphasized that the Revenue must prove the marketability of goods to levy excise duty, as established in various Supreme Court decisions. The tribunal found that the Revenue failed to substantiate its claim regarding the marketability of plaster of paris moulds.

Consequently, the tribunal ruled in favor of the appellants, setting aside the impugned orders and allowing the appeals with consequential relief. The tribunal held that the mere mention of goods in the HSN Notes is not sufficient evidence of marketability and that the Revenue's case lacked substantiation regarding the marketability of the plaster of paris moulds.