1998 (8) TMI 163 - AT - Central Excise

Summary

Issues:
Classification of products under sub-heading 3906.90 of the Central Excise Tariff; Whether the process of dilution amounts to manufacture warranting assessment to duty; Proper consideration of appellant's contentions by Adjudicating and Appellate authorities; Rejection of appellant's contentions in the impugned order; Change in department's view post-adjudication; Interpretation of relevant case laws.

Analysis:
The appeal challenged the Order-in-Appeal confirming the classification of certain products under sub-heading 3906.90 of the Central Excise Tariff. The appellants argued that they purchased Polymethyl Methacrylate and diluted it by adding water, with the difference among the products being the ratio of methacrylate to water. They contended that the process of dilution did not amount to manufacture warranting assessment to duty. The appellants also highlighted that the methacrylate purchased was duty paid, and after dilution, it remained in emulsified primary form. They relied on case laws to support their argument that dilution does not constitute manufacture.

The appellant further contended that their submissions were not properly considered by the Adjudicating or Appellate authorities. They raised concerns about the lack of access to the Chemical Examiner's report and the rejection of their request for a copy. Additionally, they pointed out a letter from the department stating that the products were prepared from duty paid materials and that the process involved was only dilution, which did not amount to manufacture. The appellant argued that the impugned order failed to address their contentions adequately.

The impugned order rejected the appellant's contentions, stating that adding water could be considered a manufacturing activity if it transformed the raw material into a new commodity with a different character or end-use recognized in the market. The order referenced relevant case laws to support this position, emphasizing the importance of whether the process resulted in a new commodity known to the market. The Legal Draftsman reiterated the findings in the impugned order during the proceedings.

Upon reviewing the case records and considering the rival submissions, the Tribunal found that the department had changed its view post-adjudication, informing the appellant that no duty was payable as the process involved was only dilution of the material. The Tribunal also noted the appellant's reliance on various case laws supporting their argument that mere change in physical form did not constitute manufacture. Consequently, the Tribunal opined that the case required reconsideration by the original authority, especially in light of the changed departmental view and the need for clear findings on the applicability of Chapter Note 6 and careful consideration of the case laws cited by the appellant. Therefore, the appeal was allowed by way of remand for further assessment.