1998 (12) TMI 145 - AT - Central Excise

Summary

Issues:
Whether the process of fabrication activity amounts to manufacture for excisability.

Analysis:
The appeal stemmed from an Order-in-Appeal that deemed the process of fabrication, such as cutting and drilling holes in duty-paid raw materials, as manufacturing, placing the goods under Chapter 7326.90. The items in question included pin cross arms, fish plates, T.C. sets, D.P. sets, double top supports, E.G. strippers, grounding pipe, horizontal cross arm, single top supports LT/HT, anchor rods, and clamps. The appellant argued that drilling holes did not constitute manufacture, citing precedents like the Vindhya Paper Mills case, which held that activities like cutting steel into shapes, drilling holes, painting, and welding for construction did not amount to manufacturing. The appellant also referenced Tribunal judgments in the S.A.E. (India) case and the Tansi Engineering Works case, supporting their stance. The Tribunal had previously allowed the appellant's appeal in a similar case involving the same activities, and the appellant sought a similar outcome in this instance.

The Department, represented by the learned DR, maintained the view that the activities constituted manufacture. However, upon careful consideration, the Tribunal, after reviewing the precedents and judgments cited by the appellant, concluded that the activities of drilling, punching holes, painting, and welding did not result in the creation of new goods. Relying on the established legal principles and precedents directly applicable to the case, the Tribunal set aside the Order-in-Appeal and allowed the appeal. The decision was based on the consistent interpretation that such processes did not amount to manufacturing, as established in previous Tribunal judgments, ultimately leading to the favorable outcome for the appellant.