1998 (10) TMI 272 - AT - Central Excise

Summary

Issues:
Revenue appeal against order-in-appeal regarding duty levy on rigid PU foam used in thermoware under sub-heading No. 3921.11 claimed as non-excisable.

Analysis:
The appeal involved a dispute over the marketability and dutiability of the rigid PU foam manufactured inside thermoware used for insulation. The Department contended that the process of manufacturing thermoware involved injecting chemicals leading to the production of rigid PU foam in-situ, creating a new commodity. The Appellate Collector initially set aside the duty levy, stating that the foam inside thermoware was not marketable separately. However, the Collector's reasoning was challenged based on the argument that the PU foam was an integral part of the final product and was marketed along with it.

The Appellate Collector's decision was further critiqued for not recognizing the established principle that once goods are specified in the tariff, their marketability is not a determining factor for duty imposition. The judgment referenced the Supreme Court's rulings in cases like Ramlal Mansukhbai and M/s. Bhor Industries to support this argument. The Department also contested the Appellate Collector's reliance on CEGAT's decision, which was under appeal before the Supreme Court, emphasizing the in-situ manufacturing process and disputing the Collector's findings on marketability.

The legal representatives presented their arguments, with the Counsel asserting that the injected insulating material did not create a new product but was an inseparable part of the final marketable product, the thermoware. The Counsel referenced previous Tribunal orders upheld by the Supreme Court to support this position. Ultimately, the Tribunal, following precedents set in cases like Vikram Plastics and Eagle Flask Pvt. Ltd., rejected the Department's appeal, affirming that the rigid PU foam inside thermoware was not separately marketable and upheld the earlier decision in favor of the Respondent. The cross-objection was also disposed of accordingly, bringing the matter to a conclusion based on established legal principles and precedents.