1999 (4) TMI 163 - AT - Central Excise

Summary

Issues involved:
Whether diluting technical grade pesticides and mixing them with inert material amounts to manufacture.

Analysis:

1. Issue: Whether the process amounts to manufacture
The appellant argued that their process of diluting technical grade pesticides with inert materials does not amount to manufacture as the characteristics and use of the pesticides remain the same. They relied on a previous decision by the Appellate Tribunal and a Delhi High Court judgment to support their claim. The appellant also highlighted that the Central Board of Excise and Customs' order regarding the emergence of a new product was quashed by the Delhi High Court. Additionally, they mentioned a Madhya Pradesh High Court order emphasizing that such circulars should not be binding on authorities. The appellant contended that the Commissioner did not decide the issue objectively.

2. Decision and Precedents
The respondent argued that the process undertaken by the appellants, which involved adding inert materials and other agents, resulted in the emergence of a new product subject to Central Excise duty. However, the Tribunal found that the process carried out by the appellants was similar to a previous case, Markfed Agro Chemical, where it was held that no new product emerged from diluting technical grade pesticides with inert carriers and agents. The Tribunal reiterated that no distinct product with a new name, character, or use was created, thus not constituting "manufacture" under the Central Excise and Salt Act, 1944.

3. Judicial Precedents and Final Decision
The Tribunal referenced various court judgments, including those by the Delhi High Court and the Gujarat High Court, to support its decision. It emphasized that the process undertaken by the appellants did not result in the creation of a new product with distinct characteristics. Consequently, the Tribunal applied the precedent set by the Markfed Agro Chemical case and set aside the impugned order, allowing the appeal in favor of the appellants.

This detailed analysis of the judgment highlights the arguments presented by both parties, the legal precedents cited, and the final decision reached by the Appellate Tribunal CEGAT, New Delhi regarding the issue of whether diluting technical grade pesticides and mixing them with inert material amounts to manufacture.